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 President Donald Trump’s executive order increasing fees at National Parks for foreign tourists could soon be made permanent by a new bill led by Indiana Senator Jim Banks.

The Patriot Parks Act looks to address the U.S. National Park Service’s (NPS) $23 billion maintenance backlog that threatens repairs to visitor facilities, trails, roads, and NPS conservation needs.

‘Americans already pay for our parks through federal taxes on top of standard admission fees, so it’s fair to ask foreign visitors to chip in more,’ Banks told Fox News Digital. ‘This bill codifies President Trump’s executive order and helps protect our national treasures for future generations.’ 

Some factors that contributed to the major deferred maintenance shortfall in funding include aging infrastructure of equipment and facilities, federal budget restraints and cuts, and a steadily increasing number of visitors to parks across the US. 

The fight to erase the roughly $23 billion backlog has been a key issue in Congress for a number of years.

The landmark Great American Outdoors Act, which was introduced in 2019 by then-Senator Cory Gardner, R-Colorado, and sitting Senator Steve Daines, R-Montana, included $6.5 billion for NPS from 2021-2025. As that funding is set to expire and foot traffic at national parks increases, the Patriot Parks Act could play a new role in reining in the maintenance backlog.

The NPS recorded 331.9 million visits in 2024 alone, with roughly one-third of those visitors from outside the US. There are more than 400 national parks in the US, which include landmarks like the Grand Canyon, Yellowstone, and Yosemite.

On July 3, 2025, President Donald Trump signed an executive order titled: ‘Making America Beautiful Again by Improving Our National Parks,’ which established an increased fee for international travelers.

The NPS operates under the US Department of Interior, led by Secretary Doug Burgum, who posted to X that the executive order ‘will ensure our parks stay accessible, sustainable, and protected for generations to come.’ 

A House version of the legislation is expected to be introduced by Congressman Riley Moore, R-West Virginia, making the bill a bicameral effort to back up President Trump’s executive order. 

‘From the New River Gorge in my home state to Shenandoah, the Great Smoky Mountains, the Everglades, and the Grand Canyon – God blessed our nation with a tremendous natural heritage,’ Moore told Fox News Digital. 

‘We owe it to future generations to ensure these natural marvels are protected.’

Preston Mizell is a writer with Fox News Digital covering breaking news. Story tips can be sent to Preston.Mizell@fox.com and on X @MizellPreston

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Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. has fired two of his top aides. 

The biographies of Heather Flick Melanson, his chief of staff, and Hannah Anderson, deputy chief of staff of policy, are no longer pictured on the department’s leadership page. 

‘Secretary Kennedy has made a leadership change within the Immediate Office of the Secretary,’ an HHS spokesperson told Fox News Digital. ‘Effective immediately, Matt Buckham will serve as Acting Chief of Staff.’ 

‘Mr. Buckham currently serves as the Kennedy’s White House liaison at the U.S. Department of Health and Human Services, where he oversees the recruitment and onboarding of political appointees across the agency. He brings valuable experience in personnel strategy and organizational management to this new role,’ the spokesperson added. 

‘Secretary Kennedy thanks the outgoing leadership for their service and looks forward to working closely with Mr. Buckham as the Department continues advancing its mission to Make America Healthy Again,’ the spokesperson also said. 

Melanson is a lawyer who previously served in multiple top roles at HHS during the first Trump administration. 

She previously was HHS’ acting general counsel before becoming its acting secretary for administration and then eventually a senior adviser to then-HHS Secretary Alex Azar. 

Prior to joining HHS for the first time, Flick was an attorney at Dhillon Law Group, a firm founded by Harmeet Dhillon, who Trump has tapped this time around to be his assistant attorney general. 

‘Heather Flick is outstanding and will most definitely help soon to be Secretary of Health and Human Services Robert F. Kennedy Jr.,’ former Trump National Security Adviser Michael Flynn said in a post on X after news of Flick’s new role. 

Fox News Digital’s Alec Schemmel contributed to this report. 

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Baseball fans in Atlanta watched history unfold before their eyes at the 2025 All-Star Game in the first-ever Home Run Derby swing-off after the American and National League teams were deadlocked 6-6 at the end of regulation.

The format, adopted in 2022, replaced the traditional extra innings that would normally follow when a game is tied after nine. Under the new rules, each manager selects three players to compete in the tiebreaker, with each player allowed just three swings.

The team with the most total home runs is declared the winner.

The finish provided some unexpected drama and a thrilling conclusion to the Midsummer Classic.

Spoiler alert: The National League didn’t even need to use two-time Home Run Derby champion Pete Alonso, as eventual All-Star MVP Kyle Schwarber blasted homers on all three of his allotted swings to propel his team to victory.

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LOS ANGELES — For one night, the entire sports world will unite to celebrate all of the remarkable moments and athletes who captivated the world in the past year at the 2025 ESPY Awards.

Plus, people that have made significant contributions to their sport and community will be honored with the Arthur Ashe Award for Courage, the Jimmy V Award for Perseverance, the Pat Tillman Award for Service and the Muhammad Ali Sports Humanitarian Award. While it’s bound to be a special and emotional night, there also will be some fun and comedy sprinkled in.

What time are 2025 ESPY Awards?

Attendees will hit the red carpet at 5:30 p.m. ET and the show begins at 8 p.m. ET/PT on Wednesday, July 16.

How to watch the ESPYs: TV channel, streaming

Date: Wednesday, July 16
Time: 8 p.m. ET (airs at 8 p.m. PT)
Location: The Dolby Theatre (Los Angeles)
TV: ABC
Stream: ESPN+

Watch the 2025 ESPY Awards on ESPN+

Who are 2025 ESPYS nominees?

Shohei Ohtani, Simone Biles, Caitlin Clark, Rory McIlroy and the Philadelphia Eagles are just some of the high-profile names up for awards. The full list of awards and nominees can be found here.

Who are ESPYs special honorees this year?

Arthur Ashe Award for Courage: Oscar Robertson
Jimmy V Award for Perseverance: Katie Schumacher-Cawley
Pat Tillman Award for Service: Greater Los Angeles first responders, David Walters and Erin Regan
Icon Award: Diana Taurasi and Alex Morgan

Who will be at 2025 ESPY Awards?

Celebrities who will present awards include Billie Jean King, Angela Bassett, Leslie Jones, Druski and Anthony Ramos. Russell Wilson, Lindsey Vonn, Matthew Stafford, Trinity Rodman and Sydney McLaughlin-Levrone are among the athletes who will also present awards.

In attendance will be athletes such as Simone Biles, Ilona Maher, Shai Gilgeous-Alexander and Lamar Jackson, with several other notable sports figures also at the show. There will also be musical performances from Busta Rhymes, Clipse and Gelo.  

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Clark appeared to reinjure her groin late in the Indiana Fever’s 85-77 win over the Connecticut Sun on Tuesday, July 15, which marked only her fourth game back since a prior groin injury sidelined her for five games. Following the win, Fever head coach Stephanie White confirmed that Clark ‘felt a little something in her groin,’ adding that Clark ‘will get it evaluated and see what happens from there.’

It marks a devastating blow for Clark as the Fever are due to host the 2025 WNBA All-Star Game in Indianapolis in mere days. Clark previously said dealing with injuries for the first time in her career has been ‘challenging mentally,’ despite doing everything ‘to put myself in a position to be available the rest of the year.’

‘ITS DIFFICULT:’ Caitlin Clark says injury-riddled season has taken mental toll

Here’s everything we know about Clark’s injury and her return:

Is Caitlin Clark playing today? Status vs. New York Liberty

The Fever’s matchup against the Liberty marks the second game of a back-to-back for Indiana, which would be challenging enough without a nagging injury. It’s not clear if Clark will be good to go after appearing to reaggravate her groin injury. It’s worth noting that Clark has not played in back-to-back games all season.

Did Caitlin Clark get hurt? What happened?

Clark appeared to suffer an injury in the final minute of the Fever’s 85-77 victory over the Sun in TD Garden in Boston. With 39.1 seconds remaining in the contest, Clark completed a bounce pass to Kelsey Mitchell to go up 84-75. After the pass, Clark immediately grabbed for her groin, grimaced as she gingerly walked over to a stanchion. She head butted the stanchion and put a towel over her head on the bench.

She did not return to the game.

How many games has Caitlin Clark missed this season?

Clark has missed a career-high 10 games this season.

Clark suffered a left quad injury during the Fever’s 90-88 loss to the New York Liberty on May 24 and subsequently missed five games. Clark returned to the Fever’s lineup on June 14 in the Fever’s 102-88 win over the Liberty and dropped 32 points, nine assists and eight rebounds in her first game back. Clark then suffered a left groin injury four games later in the Fever’s 94-86 win over the Seattle Storm on June 24, which resulted in Clark missing the team’s next five games, including the Fever’s 2025 Commissioner’s Cup win over the Minnesota Lynx on July 1. The Fever went 5-5 without Clark in the lineup.

She returned for the Fever’s 80-61 loss to the Golden State Valkyries on July 9 and recorded 10 points, six assists and five rebounds in the losing effort: ‘It felt good to be out there. It’s going to take me a second to get my wind back.’

Entering the 2025 WNBA season, Clark had never missed a collegiate or professional game. She appeared in every game for the Hawkeyes during her four years in black and gold, and played in all 40 games for the Fever in her first WNBA season, winning Rookie of the Year while averaging 19.2 points and 8.4 assists while making 122 3-pointers.

Will Caitlin Clark play in 2025 WNBA All-Star game?

The 2025 WNBA All-Star Game is being held in Indianapolis, which Clark previously called ‘really special to do it here in this city.’ As a captain, Clark picked teammates Aliyah Boston (starter) and Kelsey Mitchell (reserve) to compete against captain Napheesa Collier’s team, but Clark’s availability is now in question.

The All-Star game is scheduled for Saturday, July 19. Clark is also scheduled to participate in the WNBA’s 3-point contest.

‘It’s exciting. I’ve never participated in a 3-point competition or practiced before, so just go out there and have fun,’ Clark said on Tuesday in her pregame press conference. ‘I think the lineup of people competing is tremendous so more than anything, it’s going to be great for our league and for women’s basketball as a whole.’ 

If Clark is not good to go, WNBA Commissioner Cathy Engelbert would name a replacement. Earlier Tuesday, Minnesota Lynx guard Kayla McBride was named an All-Star replacement after a knee injury sidelined Atlanta Dream star Rhyne Howard (reserve).

Caitlin Clark stats

Here’s a look at the 2024 Rookie of the Year’s full stats (per game):

Games played: 12
Minutes: 31.3
Points: 16.7
FG%: 37.4
3P%: 28.9
Rebounds: 4.8
Assists: 9.0
Steals: 1.7
Blocks: 0.6
Turnovers: 5.1

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Iranian Supreme Leader Ayatollah Ali Khamenei on Wednesday issued his latest threat against the U.S. and ‘its dog on a leash, the Zionist regime [Israel]’ as nations urge nuclear negotiations but eye sanctions options. 

‘The fact that our nation is ready to face the power of the United States and its dog on a leash, the Zionist regime, is very praiseworthy,’ Khamenei said in comments translated by Reuters to state TV. 

Khamenei went on to claim that last month’s attack on the U.S. Al Udeid Air Base in Qatar was just the beginning of what Tehran could throw at Washington and warned that ‘an even bigger blow could be inflicted on the U.S. and others.’

While the U.S. has assessed that Iran’s nuclear program has been set back by up to two years following its strikes on the Fordow atomic site in June – which followed a series of strikes issued by Israel on Tehran’s nuclear and military sectors – much of Iran’s missile capabilities remain intact. 

It is unclear the exact extent that Iran’s missile and drone program was degraded after the Israeli strikes targeted its stockpiles and launching capabilities, but security experts have warned Tehran’s missile and drone programs remain a ‘significant’ threat.

Israel has estimated that even after its strikes, Iran likely still possesses some 1,500 medium-range ballistic missiles and 50% of its launching capabilities, reported Bill Roggio, senior fellow and editor of Foundation for Defense of Democracies’ (FDD) ‘Long War Journal.’

Similarly, Iranian expert Behnam Ben Taleblu told Fox News Digital that ‘Post strikes, the program still exists and, despite being handicapped, poses a significant regional threat.’

‘This is especially true at shorter distances since Iran’s single-stage solid fuel short-range ballistic are much more precise,’ Ben Taleblu, senior director of the FDD’s Iran program, said. ‘This means that in another iteration of an Israel-Iran-America conflict, the chances of retaliatory strike on U.S. regional bases remains high.’ 

Khamenei’s threats followed similar warnings by other top Iranian officials as western nations mull reinforcing snapback sanctions if Washington is unable to make headway on nuclear negotiations ‘by the end of the summer.’ 

President Donald Trump has said he is committed to continuing talks with Iran to avoid further military action, but on Tuesday evening, he told reporters he’s ‘in no rush to talk’ despite the ever-looming deadline for when a deal needs to be reached. 

Security experts have told Fox News Digital that snapback sanctions pose their own risk as the measure could prompt Iran to withdraw from the world’s largest nuclear agreement – the Treaty on the Non-Proliferation of Nuclear Weapons, which some 190 nations have signed on to.

‘A sustainable and verifiable diplomatic solution that addresses the security interests of the international community is essential,’ the German Foreign Ministry confirmed for Fox News Digital this week. ‘If such a solution is not achieved by the end of the summer, the snapback mechanism will remain an option for the E3.

‘We continue to coordinate closely with our E3 partners on this issue,’ the ministry added in reference to the European nations that signed the 2015 nuclear agreement known as the Joint Comprehensive Plan of Action, which are France, Germany and the U.K.

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President Donald Trump fielded questions about late financier Jeffrey Epstein’s sex trafficking case on Tuesday, saying at one point that he supported Attorney General Pam Bondi releasing ‘credible’ files from it.

‘She’s handled it very well, and it’s going to be up to her, whatever she thinks is credible she should release,’ Trump told reporters.

Trump claimed former FBI Director James Comey, former President Barack Obama and former President Joe Biden ‘made up’ some of the files, but no evidence has surfaced that supports that accusation.

The president’s remarks came after the Department of Justice (DOJ) and FBI’s decision to close their review of Eptsein’s case without disclosing any new information about it to the public sparked fury among the MAGA base.

When she first took office in February, Bondi told Fox News she had a ‘truckload’ of information about the case and did nothing to quell conspiracies about a supposed nonpublic list of sexual predators associated with Epstein.

However, the DOJ and FBI shared a memo last week saying the agencies found no list and uncovered no new people whom they could bring charges against. The revelation was met with intense backlash from a faction of Trump supporters, which Trump and DOJ leadership have since been struggling to quell.

Later on Tuesday, Trump told reporters no credible information was left to release to the public.

‘He’s dead for a long time. He was never a big factor in terms of life. I don’t understand what the interest or what the fascination is. I really don’t, and the credible information’s been given,’ Trump said of Epstein’s case files.

Trump added, ‘It’s pretty boring stuff. It’s sordid, but it’s boring.’

Bondi also faced numerous questions from reporters on Tuesday during an event about fentanyl. The attorney general repeatedly said she did not want to address off-topic questions but at one point did say she stood by the DOJ and FBI memo.

‘Today our memo speaks for itself, and we will get back to you about anything else,’ Bondi said.

She also declined to talk about ‘personnel matters’ when asked about FBI Deputy Director Dan Bongino’s status. Bongino was ‘enraged’ by the memo rollout and considered resigning, sources told Fox News Digital last week.

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A top aide to former first lady Jill Biden refused to answer GOP investigators’ questions on Wednesday as the House Oversight Committee probes whether senior ex-White House aides covered up signs of former President Joe Biden’s mental decline.

Anthony Bernal, former assistant to the president and senior advisor to the first lady, was compelled for a July 16 closed-door deposition after missing a previously agreed-upon interview date late last month.

His scheduled sit-down came and went quickly, however. Bernal apparently pleaded the Fifth Amendment to the questions asked by House staffers, a source familiar told Fox News Digital.

House Oversight Committee Chairman James Comer, R-Ky., quickly confirmed Bernal invoked his right against self-incrimination in comments to reporters alongside committee member Rep. Byron Donalds, R-Fla., who was also present.

Both criticized Bernal and his lawyer for arguing the Fifth Amendment was not an admission of guilt, and Comer told reporters ‘all options are on the table’ when asked whether the former president himself should be brought in.

‘We’re gonna continue our investigation. I think that the American people are concerned,’ Comer said.

House Oversight Committee Chair James Comer, R-Ky., is investigating allegations that Biden’s former top White House aides covered up signs of his mental and physical decline while in office, and whether any executive actions were commissioned via autopen without the president’s full knowledge. Biden allies have pushed back against those claims.

In an interview with The New York Times on Thursday, Biden affirmed he ‘made every decision’ on his own.

‘Original Sin,’ a book by CNN anchor Jake Tapper and Axios political correspondent Alex Thompson, positions Bernal as a fiercely protective aide who was dubbed the leader of the ‘loyalty police’ by other former Biden staffers.

His LinkedIn page lists him as currently working as Jill Biden’s chief of staff in the Transition Office of Former President Joe Biden.

Bernal was originally slated to appear last month for a voluntary transcribed interview, but he and his lawyers backtracked after the Trump administration announced it was waiving executive privilege rights for him and several other former White House staffers.

‘Now that the White House has waived executive privilege, it’s abundantly clear that Anthony Bernal – Jill Biden’s so-called ‘work husband’ – never intended to be transparent about Joe Biden’s cognitive decline and the ensuing cover-up,’ Comer said in late June.

He’s now the second former Biden administration staffer to invoke the Fifth Amendment after ex-White House physician Kevin O’Connor did so last week.

O’Connor’s deposition lasted less than 30 minutes, with the doctor refusing to answer any questions after his name.

But O’Connor’s lawyers argued at the time that it was not an admission of guilt. Rather, they were concerned the scope of the committee’s questioning could force him to violate patient-doctor confidentiality, risking his standing as a physician.

A House Oversight Committee aide pushed back: ‘Doctor-patient objection would have meant he would have stayed and answered questions that didn’t implicate such privilege. Instead, he took the Fifth to all and any potential questions.’

Two other former Biden White House staffers appeared for voluntary transcribed interviews already.

Another, former deputy Chief of Staff Annie Tomasini, was also subpoenaed to appear this Friday.

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Late-night dramatics and surprise defections capped off the push to advance President Donald Trump’s multibillion-dollar clawback package through procedural hurdles.

But Trump’s $9 billion rescissions package is not over the finish line yet, as lawmakers are set to begin an hourslong stretch of debate over the bill Wednesday morning. Both sides of the aisle will be allotted five hours of debate, but Republicans are likely to use little of their time compared to Democrats, who will try to drag out the process as long as possible.

At stake are clawbacks that would yank back congressionally approved funding for foreign aid programs and public broadcasting, which Senate Democrats, and some Republicans, have admonished.

The president’s rescissions package proposed cutting just shy of $8 billion from the U.S. Agency for International Development (USAID), and over $1 billion from the Corporation for Public Broadcasting (CPB), the government-backed funding arm for NPR and PBS.

Republicans have broadly lauded the targets, arguing that they are scraping back funding for ‘woke’ programs that do little more than to gird the government’s spending addiction.

Senate Minority Leader Chuck Schumer, D-N.Y., charged that the cuts in question were ‘just a piece of a larger Republican puzzle.’ 

He said the goal was using more rescissions packages, the president’s impoundment authority and smaller, pocket rescissions ‘that will pave the way for deeper and more serious spending cuts on things like healthcare, food assistance, energy, and so many other areas – and other democratic safeguards will no longer be around.’

‘They are eliminating Democrats from the process – there’s no discussion, no argument, and there’s no safeguards to help the average American,’ he said. ‘It’s just the billionaires running rampant, and we’re getting what they want.’

Before the vote, Senate Republican leaders agreed to carve out $400 million in cuts in global HIV and AIDS prevention funding that leaders hoped would win over holdouts. But it didn’t work for all.

A trio of Senate Republicans defected – Sens. Lisa Murkowski, R-Alaska, Susan Collins, R-Maine, and Mitch McConnell, R-Ky. – forcing Vice President JD Vance to cast his sixth and seventh tie-breaking votes of the year to keep the package alive.

He will likely be needed again later Wednesday to pass the bill, once lawmakers complete another vote-a-rama, where both sides of the aisle can offer unlimited amendments to the bill. 

Murkowski argued on the Senate floor that the rescissions package was effectively usurping Congress’ duty to legislate.

‘We’re lawmakers, we should be legislating,’ she said. ‘What we’re getting now is a direction from the White House and being told, ‘This is the priority we want you to execute on it. We’ll be back with you with another round.’ I don’t accept that.’

Collins contended that lawmakers actually knew little about how or where the clawbacks would come from, and accused the Office of Management and Budget of not painting a clearer picture on the issue.

‘I recognize the need to reduce excessive spending and I have supported rescissions in our appropriations bills many times, including the 70 rescissions that were included in the year-long funding bill that we are currently operating under,’ she said in a statement. ‘But to carry out our constitutional responsibility, we should know exactly what programs are affected and the consequences of rescissions.’

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The Supreme Court’s decision to temporarily allow mass layoffs at the Education Department marked the latest in a string of rulings from the high court green-lighting the president’s plans to scale down the size of the federal workforce.

Permitting the termination of about 1,400 Education Department employees is one of several instances of the Supreme Court showing significant deference to Trump’s power over the executive branch. In other cases, the high court has preliminarily approved of Trump’s executive order calling for sweeping federal job cuts and shown an openness to the president diminishing the independence of some agencies.

Often these decisions, issued on an emergency basis at the request of the Trump administration, have come with little explanation. The high court did not, for example, spell out why it allowed Trump to carry out mass layoffs at the Education Department. But the move advances the president’s long-term efforts to dismantle the department, for now.

South Texas College law professor Joshua Blackman said the plaintiffs’ argument that Congress needs to approve such a drastic change to an agency did not appear persuasive to the high court.

‘I think they’re basically saying, ‘We don’t think this is trying to restructure the agency,’’ Blackman told Fox News Digital. ‘Justices Jackson and Sotomayor sort of made that point in the dissent, but I don’t think it’s resonating with the majority.’

Blackman noted that even though these shadow docket decisions are temporary while the lawsuits proceed in the lower courts, they have lasting power. Litigation can take two or three years, and employees who lose their jobs are likely not waiting around for that long to return to the government, he said. 

He also said those employees are not ‘in theory, at least,’ suffering irreparable harm because ‘reinstatements with back pay is an option.’ Irreparable harm is a criterion judges consider before issuing emergency orders.

Another Trump-friendly ruling

Last week, the Supreme Court temporarily reversed Judge Susan Illston’s order blocking the administration from acting on Trump’s executive order to reduce the workforce.

‘The President has the authority to seek changes to executive branch agencies, but he must do so in lawful ways and, in the case of large-scale reorganizations, with the cooperation of the legislative branch,’ Illston, a Clinton-appointed judge based in California, wrote.

Trump signed an executive order after he took office announcing a sweeping ‘reduction in force’ initiative. To carry out Trump’s order, the Office of Management and Budget and the Office of Personnel Management sent a directive to the heads of government agencies in February to craft plans to eliminate jobs.

‘Agencies should focus on the maximum elimination of functions that are not statutorily mandated while driving the highest-quality, most efficient delivery of their statutorily required functions,’ the memo said.

A group of labor organizations and nonprofits sued, arguing a mass reorganization of government required congressional approval.

Last week, the Supreme Court ruled 8-1 against them by pausing Illston’s injunction. Justices Sonia Sotomayor and Elena Kagan sided with the conservative majority, which found that the executive order and memo are lawful. The majority noted that the decision is not a reflection of the justices’ opinions on agency-specific firings and that those should be examined as a separate matter.

Jonathan Turley, a George Washington University law professor, told ‘Fox & Friends’ the high court was sending a ‘clear’ message about judicial overreach.

‘This is another shot across the bow to lower courts that they’ve got to knock this off,’ Turley said. ‘They’ve got to stop with these injunctions. This is six months of delay. It could’ve been much longer, and the court is signaling, ‘We’re going to be on you very quickly if you continue to do these types of orders.”

Pending layoffs

The decision empowered Secretary of State Marco Rubio to lay off more than 1,300 State Department workers.

Since Trump took office, tens of thousands of federal employees have accepted buyout offers from the administration or been let go. But many other layoffs are still wrapped up in lawsuits.

Some firing decisions remain pending because of district court judges’ orders. In some cases, the Trump administration has argued that the Supreme Court’s recent move to do away with universal injunctions is reason enough for those judges to reverse course.

In one lawsuit, Democratic-led states sued over Health and Human Services Secretary Robert Kennedy Jr.’s move to terminate about 10,000 employees. Judge Melissa DuBose, a Biden appointee based in Rhode Island, sided with the states and blocked the terminations. The judge must now decide if her injunction is at odds with the Supreme Court’s new ruling on universal injunctions.

Humphrey’s Executor

The government downsizing coincides with the president’s controversial decision to fire several watchdogs and members of independent agencies without cause.

In May, the Supreme Court sided with Trump on two of the firings, fueling speculation that the high court is aiming to overturn a 90-year precedent set in Humphrey’s Executor v. United States.

That decision found that President Franklin D. Roosevelt could not fire a member of the Federal Trade Commission without a reason, such as neglect of job duties or malfeasance, because it conflicted with a law Congress passed that established the commission.

In Trump’s case, the Supreme Court temporarily approved two firings involving the heads of the National Labor Relations Board and Merit Systems Protection Board. The high court’s order was unsigned but indicated that the three liberal justices dissented.

‘Because the Constitution vests the executive power in the President… he may remove without cause executive officers who exercise that power on his behalf, subject to narrow exceptions recognized by our precedents,’ the order read.

The Supreme Court’s decision was a boon to Trump’s implementation of the unitary executive theory, a legal concept that emphasizes presidential control. However, the order included a cautionary note that the Supreme Court’s finding was cursory and that no final decisions had been made about independent boards.

Kagan tore into the majority for letting Trump move forward with the firings.

‘Not since the 1950s (or even before) has a President, without a legitimate reason, tried to remove an officer from a classic independent agency – a multi member, bipartisan commission exercising regulatory power whose governing statute contains a for-cause provision,’ Kagan wrote.

Other similar lawsuits, including one brought by two fired Democratic-appointed FTC commissioners, are still pending, and the Supreme Court has not yet weighed in on them.

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