The case in State of Rhode Island v. Trump, No. 26-1070 (1st Cir.), would require the court to determine the proper relationship between Congress and the Executive Branch: namely, whether the Executive Branch can unilaterally eliminate congressionally created, authorized, and funded agencies because a newly elected President disagrees with the agencies’ mandates as set out in statutes. This amicus brief, filed on behalf of law scholars who teach and write in the fields of constitutional and administrative law, illustrates why the Trump administration’s reliance on the unitary-executive theory and/or Article II of the Constitution is not a license to exceed the bounds of authority that Congress delegated in statutes.
The organization has filed versions of this brief in other cases, including Ethical Society of Police v. Bondi, No. 25-13115 (D. Mass. Apr. 3, 2026), and California v. Department of Education, No. 25-10548 (D. Mass. Apr. 23, 2026).
Additional author: Susannah Weaver, Envolve Law
This resource was commissioned by or produced by staff of the Center for Applied Environmental Law and Policy before the organization rebranded as Ridgeline Center for Law and Policy in 2026.