Justice Gorsuch Questions 'Conclusive and Preclusive' Agency Powers in Trump v. Slaughter

Agency Powers and Separation of Powers

• ❓ Justice Gorsuch questioned the meaning of 'conclusive and preclusive' powers held by government agencies.
• 💡 He probed whether the existence of armed police forces within agencies constitutes the test for such powers.
• 🎯 The discussion revolved around whether agencies could be transformed into departments like Labor or Education, and the implications for separation of powers.

Defining 'Conclusive and Preclusive'

• 🔍 The core of the debate centered on identifying the threshold for preclusive and conclusive authority within agencies.
• ⚖️ Gorsuch suggested a separation of powers problem arises if an agency, even with broad powers, exercises the president's conclusive and preclusive authority through insulated officers.
• 🤔 The attorney acknowledged that much of agency work might not be deemed conclusive and preclusive, but the exact percentage or definition remained unclear.

Remedy for Separation of Powers Issues

• 🧩 The question of the appropriate remedy for separation of powers violations was raised as a more analytically difficult issue.
• 🗣️ Gorsuch pressed the attorney on the difference and the implications of such violations.