TLT Explains

SCOTUS Tees Up Potential Takedown Of 'Independent Agencies' Theory

By The Liberty Tribune Staff

Published: 9/23/2025 · Updated: 9/23/2025 · 5 min read

The U.S.

What's happening

SCOTUS Tees Up Potential Takedown Of 'Independent Agencies' Theory — Supreme Court decision allowing illegal aliens access to public schools have resurfaced in Charlotte, North Carolina, this week. Following the Department of Homeland Security's announcement of enforcement operations in the city, local reports indicated a significant spike in student absences. Approximately 30,000 students were reported absent from Charlotte-Mecklenburg Schools (CMS) on Monday, a figure that more than doubles the average daily absences from the previous week. Explainer Supreme Court Questions Legality of Trump's Emergency Tariffs Initial reports cited 20,935 absences, but this number was later revised. Of the reported absences, 28,136 were categorized as unexcused, according to Queen City News. The following day, CMS recorded another 25,697 absences, with 23,770 unexcused. While officials have not confirmed a direct link between the absences and immigration operations, similar trends were noted in Chicago after ICE initiated a sweep there. CMS has a substantial Hispanic student population, with over 44,000 students identified as Hispanic. Census Bureau data from 2023 indicates that 11 percent of North Carolina's K-12 students have at least one undocumented parent. Recent media reports have suggested that the 'full, complete' presidential pardons issued by former President Donald Trump related to the 2020 election cannot shield individuals from state charges. Constitution's pardon clause only applies to federal offenses.

What's at stake

However, proponents of Trump's pardons contend that this interpretation is incorrect. Explainer Supreme Court Questions Legality of Trump's Emergency Tariffs The pardon clause, as outlined in the Constitution, grants the president the power to issue pardons for offenses against the United States, with the exception of impeachment cases. Legal experts note that attempts to limit the scope of this clause have consistently failed in court. The concept of dual sovereignty in the U.S. legal system, which recognizes both federal and state jurisdictions, is said to be subject to the supremacy clause. This means that state laws cannot restrict the president's pardon powers. Advocates for Trump's pardons argue that the 77 individuals recently pardoned—including alternate electors, federal officials, and activists—were acting in defense of , thus justifying their pardons under the president's authority. Supreme Court Justice Neil Gorsuch has emphasized the critical role of civic education in America, warning that neglecting shared history and responsibilities poses a significant threat to the nation. During an appearance on Fox News’ Fox & Friends, Gorsuch discussed his new children’s book, The Heroes of 1776, which aims to educate young readers about the Founding Fathers and lesser-known patriots from the Revolutionary War era.

Explainer Supreme Court Questions Legality of Trump's Emergency Tariffs In the interview, host Lawrence Jones prompted Gorsuch to elaborate on a quote from his book regarding the Constitution establishing the first modern republic where people govern themselves. Gorsuch referenced the Declaration of Independence, highlighting three fundamental ideas: the equality of all individuals, the unalienable rights granted by God rather than government, and the right of the people to self-govern. "Those three ideas really shook old Europe and were never before tried in history," Gorsuch stated. Gorsuch affirmed that the lack of civic education is a shared concern among his colleagues on the . He pointed to alarming statistics indicating a decrease in civic knowledge across the United States, asserting that this ignorance represents an existential threat to the country's future. Supreme Court recently declined to hear a case that sought to overturn the 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide. This decision has prompted various media outlets to report on the case, often framing it as a significant victory for LGBTQ rights. An Associated Press tweet noted the court's rejection, garnering over 21,000 likes, while USA Today highlighted the Supreme Court's dismissal of the challenge to the landmark ruling. He noted that while these concepts are often taken for granted today, they required significant courage from individuals in 1776 and continue to demand the same commitment from contemporary Americans. He cited Thomas Jefferson's warning that an ignorant populace cannot remain free for long, underscoring the necessity of understanding history to preserve it. Jones raised concerns about the decline in teaching foundational stories in schools, asking Gorsuch if this trend has negatively impacted society. What to watch next is whether new filings, agency actions, votes, or court decisions change the timeline—and how officials respond in the weeks ahead.

Why it matters

The coverage highlights: Supreme Court Allows Texas to Implement New Congressional Map. The coverage highlights: Supreme Court Defers Decision on Trump's Firing of Library of Congress Official. The coverage highlights: Pro-Life Center Takes Its Fight Against Dem Lawfare To SCOTUS. The coverage highlights: It's Past Time Red States Work To Topple SCOTUS' 'Plyler' Ruling. The coverage highlights: Trump Has The Power To Impose Tariffs Via IEEPA. The coverage highlights: Trump's 'Complete' Pardons Cover Bogus State Election Charges.

Key facts & context

2025-12-05: Supreme Court Allows Texas to Implement New Congressional Map. 2025-11-26: Supreme Court Defers Decision on Trump's Firing of Library of Congress Official. 2025-11-21: Pro-Life Center Takes Its Fight Against Dem Lawfare To SCOTUS. 2025-11-20: It's Past Time Red States Work To Topple SCOTUS' 'Plyler' Ruling. 2025-11-17: Trump Has The Power To Impose Tariffs Via IEEPA. 2025-11-14: Trump's 'Complete' Pardons Cover Bogus State Election Charges. 2025-11-13: Gorsuch: 'The Greatest Danger America Faces Today' Is 'Itself'. 2025-11-11: Media Are Spinning That 'Gay Marriage' Case SCOTUS Rejected. 2025-10-28: 24 State Attorneys General Support Challenge to Birthright Citizenship. 2025-10-28: DOJ Asks SCOTUS To OK Library Of Congress Official's Firing.

Timeline & key developments

Primary sources

Www.courtlistener — courtlistener.com