The Supreme Court will evaluate Trump’s expansive claims of presidential power

U.S. Court News

The Supreme Court will evaluate Trump’s expansive claims of presidential power

The Supreme Court is beginning a new term with a sharp focus on President Donald Trump’s robust assertion of executive power.

Pivotal cases on voting and the rights of LGBTQ people also are on the agenda. On Tuesday, the justices will hear arguments over bans passed by nearly half of U.S. states on therapy aimed at changing sexual orientation or gender identity.

The opening session on Monday has lower-profile cases, including a dispute over the right of a criminal defendant to consult with his lawyer during an overnight break in his testimony. The judge in a Texas murder trial ordered defense lawyers not to talk to their client about his testimony.

A major thrust of the next 10 months, however, is expected to be the justices’ evaluation of Trump’s expansive claims of presidential power.

The court’s conservative majority has so far been receptive, at least in preliminary rulings, to many emergency appeals from Trump’s Republican administration. But there could be more skepticism, however, when the court conducts in-depth examinations of some Trump policies, including the president’s imposition of tariffs and his desired restrictions on birthright citizenship.

The justices are hearing a pivotal case for Trump’s economic agenda in early November as they consider the legality of many of his sweeping tariffs. Two lower courts have found the Republican president does not have the power to unilaterally impose wide-ranging tariffs under an emergency powers law.

In December, the justices will take up Trump’s power to fire independent agency members at will, a case that probably will lead the court to overturn, or drastically narrow, a 90-year-old decision. It required a cause, like neglect of duty, before a president could remove the Senate-confirmed officials from their jobs.

The outcome appears to be in little doubt because the conservatives have allowed the firings to take effect while the case plays out, even after lower-court judges found the firings illegal. The three liberal justices on the nine-member court have dissented each time.

Another case that has arrived at the court but has yet to be considered involves Trump’s executive order denying birthright citizenship to children born in the United States to parents who are in the country illegally or temporarily.

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Workers’ Compensation Subrogation of Administrative Fees and Costs

When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.

In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.

In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.