Who do you think it is?
Trump grows even STRONGER.
Justice Thomas -
Perhaps even more unfortunately, the majority’s holding
creates perverse incentives, particularly for outgoing administrations. Under the auspices of today’s decision, administrations can bind their successors by unlawfully
adopting significant legal changes through Executive
Branch agency memoranda. Even if the agency lacked authority to effectuate the changes, the changes cannot be undone by the same agency in a successor administration unless the successor provides sufficient policy justifications to
the satisfaction of this Court. In other words, the majority
erroneously holds that the agency is not only permitted, but
required, to continue administering unlawful programs
that it inherited from a previous administration. I respectfully dissent in part.1