In President Trump’s second term, federal agencies are navigating uncharted territory. Two Supreme Court cases from June 2024 fundamentally changed how agencies can operate: Loper Bright ended Chevron deference—meaning courts no longer automatically defer to agencies' interpretations of ambiguous laws—and Jarkesy limited agencies' ability to impose civil penalties without jury trials.

At the same time, President Trump is consolidating control over agencies that were traditionally seen as independent from the executive branch. He's fired commissioners from the FTC, NLRB, and other agencies as part of his push for a "unitary executive." Former FTC Commissioner Rebecca Slaughter is fighting her dismissal, and the Supreme Court recently allowed the firing to stand while it reviews the case.

The fundamental tension? Courts are stripping power from agencies just as Trump is trying to bring those agencies under tighter presidential control. Will Loper Bright and Jarkesy make these agencies less useful tools for implementing Trump's agenda, even if he wins the fight to end their independence? And how will these cases impact the FCC’s authority looks to reform its broadband subsidy programs while fighting illegal robocalls?

Evan is joined by Tom Johnson, former general counsel of the FCC under Chairman Pai and now a partner at Wiley Rein. He is the author of a new paper for Digital Progress Institute on ways to reform the Universal Service Fund.