Trump’s Sabotage Legacy: Congress Must Act to Protect the Next President

The Supreme Court’s Slaughter decision, handed down in 2020, has created a ticking time bomb for American governance. Its immediate impact was widely reported – outgoing presidents can unilaterally fire key agency officials and cripple the incoming administration’s capacity to govern. However, its long-term implications are only now beginning to come into focus.

One pressing concern is the vulnerability of independent agencies, tasked with enforcing critical regulations and safeguarding citizens’ rights. Mark Joseph Stern notes that in the absence of clear statutory language, these agencies can be paralyzed, unable to perform their duties even when new leadership takes office. This is particularly disturbing given the role of agencies like the National Labor Relations Board (NLRB), which protects workers from exploitation.

Without a functioning quorum at the NLRB, organized labor would be left without protections against unfair labor practices, leaving vulnerable workers at the mercy of unscrupulous employers. Stern argues that Congress must take bold action to protect the next president from Trump’s sabotage legacy. This includes enacting legislation allowing acting or interim appointments at independent agencies, ensuring a smooth transition and preventing paralysis.

Congress also needs to address “agency capture,” where federal employees are forced to navigate complex bureaucratic channels to vindicate their rights. In cases like Merit Systems Protection Board (MSPB) disputes, workers would be left without recourse if the agency itself is unable to function. Stern emphasizes that any solutions must avoid raising constitutional questions and instead focus on addressing loopholes in existing law exploited by Trump.

The next Democratic Congress has a critical role to play in rectifying this situation. They must prioritize legislation protecting the next president from sabotage and ensuring independent agencies continue to function. This is not just about checking an outgoing president’s power; it’s about safeguarding fundamental principles of American governance.

The clock is ticking, with every passing day threatening to plunge America into chaos and disorder under the Slaughter decision’s shadow. It’s time for Congress to act – as a proactive step towards restoring democratic institutions’ integrity. As we look ahead to the next presidential transition, one thing is clear: Congress must prioritize legislation addressing these vulnerabilities head-on.