Living in a rural community offers plenty of advantages, from a slower pace of life to stronger community connections; however, accessing healthcare can be more challenging for older adults who live far from hospitals, specialists, and large medical centers.
As healthcare continues to evolve, there are more options than ever to help bridge these gaps. Understanding available resources, including preventative care appointments such as the Welcome to Medicare visit, can help rural seniors take a more active role in managing their health and accessing the care they need, even from a greater distance.
What are the Challenges of Rural Healthcare?
Many rural areas face shortages of healthcare providers. Rural residents often travel longer distances to see doctors, specialists, and diagnostic facilities. This can create obstacles for older adults who may no longer drive or who have mobility limitations.
In addition to travel concerns, some rural communities have fewer healthcare facilities overall. Hospital closures in rural regions have increased over the past decade, leaving many residents with fewer local options for emergency care and specialty treatment. These challenges can make it difficult to receive timely medical attention, particularly for chronic conditions that require ongoing monitoring.
Despite these hurdles, several healthcare solutions are helping improve access for rural populations.
Taking Advantage of Telehealth Services
One of the biggest improvements in rural healthcare access has been the expansion of telehealth. Virtual appointments allow patients to meet with healthcare providers through video calls or telephone consultations without leaving home.
Telehealth can be especially valuable for routine follow-up visits, medication reviews, mental health counseling, and consultations with specialists located hundreds of miles away. For many rural seniors, a virtual appointment can eliminate hours of travel while still providing access to quality care.
Even individuals who are not particularly tech-savvy can often participate with the assistance of family members, caregivers, or local community organizations. The good news for rural residents is that Medicare telehealth coverage has been extended through December 31st, 2027.
Building and Maintaining a Relationship With a Primary Care Provider
Having a trusted primary care provider remains one of the most important steps in maintaining good health.
For rural seniors, establishing a strong relationship with a local provider can help reduce unnecessary emergency room visits and improve long-term health outcomes. Regular checkups allow physicians to identify potential health concerns before they become serious health problems.
Preventative care appointments are particularly important because they help monitor conditions such as high blood pressure, diabetes, heart disease, and osteoporosis. Early detection often leads to more effective treatment and better quality of life.
Exploring Community Health Resources
Many rural communities offer healthcare support through local organizations, public health departments, and nonprofit programs. These resources can provide services that complement traditional medical care.
Community health clinics often offer affordable preventative services, screenings, vaccinations, and wellness programs. Senior centers, faith-based organizations, and local volunteer groups may also help connect residents with healthcare information and support services.
Some organizations also provide transportation assistance for medical appointments, which can be an especially valuable resource for older adults who have limited transportation options.
Using Mobile Health Services
Mobile healthcare units are becoming more popular in rural areas. These clinics on wheels travel to underserved communities and provide services such as health screenings, vaccinations, laboratory testing, and routine medical care.
Mobile clinics help bring healthcare directly to residents who may otherwise face significant travel barriers. For seniors living in remote areas, these services can offer a convenient way to receive essential care closer to home.
Stay Proactive About Preventive Care
Preventive care remains one of the most effective tools for maintaining health as we age.
Seniors in rural areas may sometimes postpone care because of travel challenges or scheduling difficulties. However, delaying preventive services can often lead to more serious health complications later down the road.
Making healthcare a priority, even when access requires extra planning, can significantly improve long-term outcomes.
Looking Ahead
As we established, accessing healthcare in rural areas presents its unique challenges, but today’s healthcare landscape offers more answers than ever before. Thanks to these solutions, rural seniors can receive the care they need while remaining in the communities they love.
Remember, take advantage of all of the available resources your area has to offer, and prioritize preventive care. Rural older adults can overcome many of the barriers that have traditionally limited healthcare access. With the right support and planning, quality healthcare can be within reach no matter where someone calls home.
Retirement brings the promise of finally slowing down, but for many seniors, navigating healthcare expenses feels like signing up for another full-time job. There is a dangerous myth that turning 65 and enrolling in Medicare means your medical bills simply disappear and your healthcare is now 100% free. The reality is far from that, and much more complex.
Whether you are researching supplemental policies or reading opinion pieces about why medicare advantage plans are bad, you quickly realize that federal health insurance is not a comprehensive, zero-cost safety net. It is merely a foundation. If you enter retirement assuming your coverage is absolute, you risk draining your carefully accumulated nest egg faster than it took to grow.
To protect your financial security, you must understand exactly what your coverage provides and leaves behind.
The Reality of Ongoing Premiums
Many people assume Medicare is entirely free because they paid Medicare taxes throughout their working years. While that is generally true for Medicare Part A, it is not true for the rest of your coverage.
Part B Premiums:
Medicare Part B requires a standard monthly premium. This premium is automatically deducted from your Social Security check.
Part D Costs:
To have prescription drug coverage, you must purchase a standalone Part D plan or find a bundled Advantage plan. These can come with their own monthly premiums and cost-sharing.
IRMAA:
If you were a high earner during your working years, or if you take large distributions from your retirement accounts, the federal government imposes an Income-Related Monthly Adjustment Amount (IRMAA). This surcharge can increase your baseline Part B and Part D premiums.
Supplemental Coverage:
Since Medicare Parts A and B do not cover 100% of your healthcare costs, many beneficiaries opt for additional coverage to help with cost-sharing. Depending on the exact plan type you choose, you can expect to pay an additional premium or at least still some cost-sharing as you go along with the services done.
Uncapped Out-of-Pocket Exposure
Original Medicare does not have a hard cap on how much you can spend in a single year. If you face a catastrophic medical event, the math can become terrifying and seem never-ending.
For standard Medicare Part B, after you meet your annual deductible, the federal healthcare program typically covers 80% of approved Part B services. You are responsible for the remaining 20% coinsurance. While 20% might not sound intimidating for a routine blood test, it becomes a massive financial liability if you need expensive outpatient surgery or costly chemotherapy treatments. Unless you purchase a private Medigap (Medicare Supplement) policy to help cover that remaining 20%, your financial exposure is technically unlimited.
If you opt for a Medicare Advantage plan (which is required by law to have an out-of-pocket maximum) the 2026 limits can still exceed $9,250 for in-network care. For a senior on a fixed income, hitting that limit in a single year can be a major financial blow, but it still beats what 20% uncapped could amount to if you needed something major done like open heart surgery.
What’s on the Exclusion List?
Original Medicare is strictly designed to treat acute medical conditions. It notoriously excludes several critical areas of senior health, meaning you must pay 100% of these costs out of pocket unless you have specialized supplemental coverage.
The most glaring omissions include routine dental, vision, and hearing care. To put it more frankly, yes, that means Medicare does not provide coverage for services and treatments such as routine eye exams, glasses or contact fittings, hearings aids, tooth extractions, dentures, root canals, and routine teeth cleanings. You are expected to pay completely out of pocket unless you have additional coverage of your own to help with these costs.
The Long-Term Care Void
This is one of the largest financial blind spots for aging Americans. Medicare covers skilled nursing care (such as rehab after a stroke or a broken hip) but only for a very limited number of days.
It explicitly excludes “custodial care.” If you or your spouse eventually need daily, non-medical assistance with bathing, dressing, eating, or safely navigating your home, Medicare pays zero dollars. Many aging adults will need some type of long-term care in their remaining years.
If that care eventually requires a private room in a nursing facility, know that those costs will be steep. If you do not have long-term care insurance or a dedicated, savings strategy, these out-of-pocket expenses can erode your portfolio at an alarming rate.
Securing Your Financial Defense
Medicare is not a magical shield against all medical expenses. If you can prepare and avoid these hidden costs now, you can pivot your financial planning into active defense mode. If you haven’t already, start funding your Health Savings Account (HSA) aggressively while you still can, budget for supplemental plan costs, and come up with a long-term care strategy you’re comfortable with. The best way to enjoy a stress-free retirement is to ensure your healthcare liabilities are fully fleshed out long before you need the care.
He didn’t even treat it like it was a big deal national address from the White House, the kind when presidents traditionally sit behind the desk in the Oval Office and look into the camera with deep concern, faked or not.He just stood in front of some gold curtains with the American flag on one side and the presidential flag on the other, and he rushed through it like he wanted to get it over with, as if he had someplace he wanted to go.His tone was affectless, except when he made a big pronouncement like nobody has ever seen before.He’s worn that one out.It doesn’t work anymore.Everybody has seen it all before.They’re heard it all before.
It was just rehashed conspiracy nonsense that has been around for years. He should have brought Sidney “Kraken” Powell in to give the speech, or the My Pillow guy, or the Cyber Ninja guy.Any of them could have done a better job, because they would have had the advantage of believing the bullshit he spewed.Trump didn’t believe a word of it. He even slipped up and attributed one of the lies he told to “statements made by great patriots of our country.”You remember “statements,” don’t you?In the 61 lawsuits Trump filed in 2020 to overturn the votes in states and counties he lost, affidavits were filed to support the allegations in the lawsuits.There is another word for affidavit: statement.It’s not evidence.It’s not a citation from the law.It’s not even analysis from previous cases that might help the court in its decision. Sidney Powell and Rudy Giuliani and the rest of the half-baked half-wits who filed lawsuits challenging the election results in 2020, all they had were statements.Somebody saw an election worker in Georgia hand a flash drive to another worker.That was a statement.It turned out that one worker handed another a breath mint, but man, it was fucking alive when it was a statement about a conspiracy to steal the Georgia election from Donald Trump!
Trump spent most of his remarks attempting to explain all the long-hidden secrets about the 2020 election he has ordered to be declassified.There was stuff that happened in 2018 that was secret for too long, but now he’s going to let it out!Stuff happened in 2019, and that’s coming out in the declassified files or documents or whatever they are!And God only knows he is declassifying everything that has been kept secret from the American public about 2020!
Trump said the CIA kept secrets!The FBI kept secrets!The Department of Homeland Security kept secrets about hacking!They even kept secrets from him, from the president!There was a conspiracy to “wash” his daily brief, which he claimed to have received every once in a while, so he would not learn the truth of what China and North Korea and Iran were doing to ensure he was not reelected.
Trump did not explain to the Fox News viewers who had tuned in that all those agencies in 2018 and 2019 and 2020 worked for him.The people who lead them had been appointed by him.A lot of the secrets that his own people kept from him were about China, which was trying to undermine him.“They focused on undermining confidence in the U.S. president.They wanted to just want you sound like your president wasn’t so hot, when actually your president has done a great job.”[sic]
It was a massive conspiracy to keep Trump from being elected, and the secrets about how it was carried out, and who was responsible, and how it was destroying our election security in the process were kept from him.
Trump has been telling us again and again that he would give us the evidence of how the election of 2020 was stolen from him.And now we know.It was the voting machines!It was the mail-in ballots!It was the Chinese!China paid journalists “large sums of money” to write bad stuff about Trump!China “manufactured illegal ballots for Joe Biden!”Americans were blatantly lied to about voting machines and ballot counts!“Even when fraud was detected, it was covered up.”
I’ve been doing this for a while.Let’s see if I can figure out who covered up the fraud that occurred in 2020. Hmmmm…let me see.The Trump administration had something called The Election Assistance Commission that helped states and local officials prevent election fraud.There was a division of Homeland Security devoted to cyber-attacks on government departments, civilian corporations, and elections.It was called the Cybersecurity and Infrastructure Security Agency.There was the FBI.They had a division that did nothing but investigate fraud of all kinds, including election fraud.The CIA investigated foreign countries that engaged in election interference and fraud against the United States.
I’ve got it now!Trump told us what happened!His own governmental agencies conspired against him!They’re the ones who watered down his daily brief!They’re the ones who lied to him!
Or maybe there weren’t any lies at all.Trump’s own Department of Homeland Security announced after the election of 2020 that it was “the most secure election in U.S. history.”Every state that Trump filed lawsuits against produced evidence in court that their election security had not been penetrated or altered in any way by any entity, domestic or foreign.Georgia carried out three recounts.Arizona conducted three recounts and then the Republican-controlled Senate hired a “security” firm that had never worked on a single election in its history to examine every ballot cast in Maricopa County, which Trump lost. They spent months in an unused college gym going through the ballots, more than two million of them, famously looking for the ones with “bamboo fibers” from China.When they issued their final report, they found no faults in voting machines.None of them had been hacked.They examined every mail-in ballot and compared signatures on the ballots to voter registration rolls.They even examined the mail-in ballot envelopes to ensure they had been properly filled out and signed.
They found no faults, other than the fact that after they had examined every single ballot, Joe Biden received 360 more votes than he had been allocated on official tallies after the election.
Trump didn’t look good tonight.He was whiny and out of sorts and he sped through the script like he just wanted to get to the end of it and take the elevator upstairs so he could start posting on Truth Social about what a great speech he had given and how he had had the largest television audience in American history.
It was a joke.His MAGA 30 percent, those who watched it or will hear about it on Fox News or right-wing podcasts, they’ll believe what he said.But not the rest of the American electorate.They’re tired of him.They didn’t tune in.They don’t believe his lies.
It didn’t work.He’s tired.He’s worn out.He fell asleep at a big military security conference he went to at the Army War College in Carlisle, Pennsylvania yesterday.Tomorrow and Sunday he will play golf.He’s going to hold rallies.They’ll have to get the FBI to arrest people and haul them to the rallies in cuffs to fill the seats.
People are tired of his act.He didn’t light a fire under anyone tonight.He put people to sleep.Even your trusted correspondent fought to keep his eyes open, and he’s a pro.
I put myself on the line tonight, and I’ve got a splitting headache to show for it. To support my work covering this looned-out clown in a tent-like suit, please consider becoming a paid subscriber.
As I observed last year, the statement that “The cemeteries are full of indispensable people.” is just as true of nations, and in particular the US. That was a little controversial at the time, but now it’s become sufficiently conventional wisdom to be restated in the New York Times. I’ve been working on an update. and that seems like a signal to get it out
As far as military dependence is concerned, the “indispendable nation” has already been dispensed with. The US no longer has either the willingness or the capacity to defend Europe against Russia, its only significant enemy. Conversely, Europe (including Ukraine) has developed the necessary willingness and capacity. In some areas, such as artillery and drone technology, Europe has surpassed the US. In others, including intelligence, the US remains helpful but not essential. In still others, such as missiles and anti-missile defence, the US is neither willing to help nor, thanks to the Iran war, capable of doing so.
Claims that Europe cannot dispense with the US in defence typically rely on two claims, first that Europe lacks the capacity to project power globally and second that it is too disunited to act effectively. Both come down to the same misconception: that Europe needs to become another version of the US. But the object of European defence policy should be defense (contrast Trump’s designation of Hegseth as Secretary for War). And, as the Ukraine war has shown, successful defence does not require a unified command capable of instant action (again, the contrast with Trump’s wars is instructive).
Turning to finance and economics, most of the pieces are in place to permit a disengagement from US financial institutions and from the global financial architecture constructed by the US and with the US playing the central role. The combination of a central bank digital currency and the emergence of payment systems like Wero will provide a capacity to break with reliance on the payment systems of Visa and Mastercard. As with military dependence, Trump’s eagerness to weaponise Visa and Mastercard against enemies like the International Criminal Court will accelerate this process.
Other parts of the US-centric architecture, such as ratings agencies and the Big Four auditing/consulting firms have done a great job in discrediting themselves. Again, the object should not be to produce European replicas, but to accelerate the process of returning the financial system to its pre-1970s role as a provider of a relatively limited set of services to the real economy.
Similarly, Trump’s chaotic tariffs, along with China’s economic nationalism, have necessitated the restructuring of the world trading system, with Europe taking the place of the US at the centre. Neither the failed globalist dream of the WTO nor Trump’s attempts to extort surplus through bilateral bullying offers has any real future. This is a particularly bitter pill for Brexiteers who imagined they could escape the pull of Europe and join a bigger world, instead finding themselves utterly isolated.
The last parts of US hegemony in this respect are the dominant US role in the IMF and World Bank and, most importantly, the role of the $US as a reserve currency. I’ll leave those for later.
The most intractable area of dependence is that of information technology. Efforts to build a “European stack” have started, but as the term suggests, dependence is multilayered. At the software level, for example, it’s necessary both to promote Linux as an alternative to US-owned operating systems and to break with reliance on Microsoft for office software. And that’s one of the easy parts of the story.
The biggest questions relate to AI. If the US hyperscalers are right, their huge spending with produce a monopoly or oligopoly with entry barriers too high for any rival, including any European rival. My optimistic view is that this is a race that will be won by low-energy tortoises rather than hyper-active hares. Second movers like Deepseek and, more recently the French Mistral, running maybe a year behind the US leaders, can replicate their capabilities at.a fraction of the cost, and without reliance on massive data centres.If that continues to be true, the benefits of massive US investment will not be reaped by the current leaders but by followers.
The really big unknown here is the fate of the Trump regime. If Trump can cement his own power, and pass it on to someone more competent (Xi to Trump’s Mao), and other would be dictators like Modi establish themselves, Europe and its democratic allies will become an island (or maybe an archipelago including places like Canada and Taiwan) in a world of rival autocracies. Maintaining that will be costly in all sorts of way.
On the other hand, if Trump is defeated, the US cannot return to the status quo ante. It will take decades to rebuild a new and sustainable political order on the wreckage left by Trump. The two-party system, the Supreme Court, billionaire controlled media and much more will require either replacement or radical restructuring. That will leave its former allies no alternative to disengagement while the US sorts out its own problems.
Europeans and their allies are in an unenviable position. But still better than that of Americans for whom precarious and unequally distributed material prosperity has come at the price of freedom.
Meanwhile Australia, or at least the Australian political class, remains in denial. We are spending hundreds of billions of dollars on submarines to be used (if at all) in America’s wars. The assumed trade-off is that the US will defend us if necessary. No one really believes this any more, but speaking the truth puts you outside the class of serious people.
Sorry for the delay of a few days. There are so many flagrant misuses of historical evidence in Slaughter and Cook, so little time. I decided to spend more time chasing down the new misuses, instead of repeating the same fact-checks of the old myths I’ve already identified and published elsewhere. I had strong suspicions that Chief Justice Roberts had misused the Papers of Jefferson and Madison, and those sources took longer to track down.
It turns out I was right.
For context, this fact-check picks up from my last fact-check: Hamilton’s Federalist No. 77 applied a symmetry rule: removal follows appointment, and thus, the Senate is necessary to remove (“displace”); and in case anyone (e.g., Chief Justice Roberts) might suggest that Hamilton meant otherwise, Hamilton himself clarified that he meant the plain meaning in 1789 — and the record suggests that his audience (the First Congress) shared that same understanding of Federalist No. 77. This symmetry rule returns here, because Chief Justice Roberts again misunderstood and misapplied it by relying on Jefferson’s 1780 Note.
Here is an “Executive” Summary, so to speak, on Jefferson’s 1780 Note:
1) The context of Jefferson’s Note: Its primary context was a military question during the Revolution, with a special focus on Gen. Charles Lee, who had been court martialed. As soon as Jefferson turned to civilian offices, he emphasized a mix of rules, including limits on any kind of removal.
2) Jefferson explicitly recognized officers who “have freehold” hold their offices “during good behavior,” including “Judges—Register Clerks—Attorney General” as examples, and added that the Treasurer under the Articles of Confederation was removable by the legisture, not the executive. These are not just examples against executive removability at pleasure; these are examples in which there is no executive removal power at all –contradicting Roberts’s interpretation in Slaughter and confirming my research (e.g., as Justice Sotomayor cited in her dissent, “Indecisions of 1789,” “Venality,” and “Quasi-Judicial: A History and Tradition” (co-written with Beau Baumann), plus articles she did not cite, e.g., “Presidential Removal as Article I, Not Article II (with Gary Lawson).
3) Jefferson recognized that removal at pleasure was for “indefinite” offices, clearly implying that “definite offices,” i.e., offices for a term of years, were not removable at pleasure. This note is additional evidence consistent with the breakthrough research by Jane Manners and Lev Menand in “The Three Permissions,” a mountain of evidence explaining a default rule against presidential removal at pleasure.
4) Most obviously, these are Jefferson’s private notes from 1780, long before the Framers drafted the Appointments Clause in 1787. In 1780, the background was English (Royalist) practice of unilateral royal/executive office-creation and appointment power. In 1787, the Framers deliberately rejected this model in favor of shared power (congressional office-creation, shared appointment with the Senate). A statement “he who appoints may remove” applies differently before 1787 vs. after 1787; and in royal England vs. the republican United States under the new Appointments Clause power share. In every documented reference to this symmetry rule from the Founding, whether in my research or offered by the unitary theorists, I have shown that the overwhelming application to Article II and the Appointments Clause was that it meant the Senate had to share in the removal power (and even the only exception ultimately rejected the presidential removal theory).
5) Finally, I think it is very likely that Chief Justice Roberts pulled these quotations from Ilan Wurman’s article “The Original Presidency” (2024) at p. 36 and/or his amicus brief and I think it is noteworthy that Wurman omitted the sentences contradicting his interpretation of these sources and did not acknowledge any of these glaring problems.
I attached the full document here so you can read the parts that Roberts omitted.
First, here are Chief Justice Roberts’s two uses of this Jefferson source in Slaughter:
p. 8: “Jefferson wrote as early as 1780 that “[t]he power of appointing and removing executive officers [is] inherent in [the] Executive,” as “[h]e who appoints may remove.” 4 Papers of Thomas Jefferson 281 (1951)”
Roberts wrote on p. 12:
“Early Presidents of all persuasions, too, hewed to the Decision of 1789… [citing Washington and Adams]. So did Jefferson. See 4 Papers of Thomas Jefferson, at 281 (the power to “remov[e] executive officers [is] inherent in [the] Executive”). So did Madison. See 2 Papers of James Madison 192 (D. Mattern, J. Stagg, M. Johnson, & A. Colony eds. 2013) (one of the “[c]onstitutional attributes of the Executive” is to determine “[t]he tenure of the office” of subordinates).
[The Madison quotation is also highly misleading. Notably, Roberts provided no date, no context of what the source is, and he miscited it. It is not from “Volume 2” of the Madison Papers, it is only the second volume of the “Retirement Series” of Madison’s papers, confusing any reader who is trying to track it down. It turns out to be a private letter from 1820… when Madison was no longer president. And this letter also fails More on that later.]
Back to Jefferson: Chief Justice Roberts tells the reader the first time that the Jefferson quote was from 1780, but when Roberts asserts that presidents “hewed to the Decision of 1789,” he conveniently omits this date — which was not only before 1789, but also long before 1787 when the Framers deliberately changed the balance of office-creation and appointment by taking away unilateral royal powers and sharing office-creation with Congress and appointment with the Senate.
Now let’s actually read the full source from Jefferson that Roberts cherry-picked and clipped, basically copy-and-pasting from Ilan Wurman’s outrageously wrong article from 2024 , “The Original Presidency”. It is only a personal note – a private sketch, not a published or official document — and as the editors of the Jefferson Papers tell us, it is prompted by a military question, which explains why it is initially focused on military officers. Notice what happens when Jefferson broadens his discussion to civil offices:
Here’s the full source, undated but likely December 1780 :
Whether the Executive may remove officers of the line or staff.
There may be a difference as to the Chaplains and such others as are not appointed by the Executive. But qu?
Again as to officers of the line, it is highly probable that no such would ever be removed but on regular trial by a court martial: unless indeed the occasion was very great, as in the case of Geni. Lee where the sentence given by the court martial was against the universal sense of mankind.
The question principally affects the Staff, whose rapacity, inattention and means of evasion require energetic superintendance.
The power of appointing and removing executive officers inherent in Executive. Executive inadequate to every thing. Appoint deputies—qui agit per alterum &c. Ministerial office may be executed by deputy but not judicial. He who appoints may remove.
Difference between an office and estate.
An indefinite conveyance of an estate is for life—not to be accounted for ex vi termini, but historically from known progress of feuds. In their early state was not so.
An indefinite appointment to office is during pleasure. Escheat —clerks of parliament—clerks of council &c. Otherwise if I employ a steward indefinitely he would have freehold. Ld. Coke’s opinion as to privy counsellor condemned by practice and general opinion.
Law has so considered it. And where the officers of government should have freehold has declared they shall hold during good behavior. Judges—Register Clerks—Attorney General.
Where not removable by Executive, reserved expressly to legislature or others. Aud. B. W. & T. [Boards of War and Trade] Treasurer.
All the principles of law which may be retailed on this subject restrained to civil government. The army, as such, not comprehended within civil constitution.
The freest governments in the world, have their army under absolute government.
Republican form and principles not to be introduced into government of an army. Congress exercise powers of dismission—Geni. Lee. Consequences. Cannot dismiss nor suspend the most pettifogging and rascally officer. Forage masters—waggon masters—gardeners—purveyors— nurses — expresses—waggoners — smiths — carpenters — mercantile agents — ambassadors — Directors general—surgeons—surgeons mates—chaplains—Commissaries —Quartermasters—
Indolence, rapacity and means of evasion of Staff may account for the ordinary exercise of the powers of dismission on them, while those of the line, over whom the powers have been equal, have been submitting to the regular but more dilatory forms of trial by a military court.
In the attachment, see the editor’s note from the sources Roberts cited clarifies the military context as the prompt. And Jefferson himself emphasized that there were differences between military executive rules and civilian executive rules:
“All the principles of law which may be retailed on this subject restrained to civil government. The army, as such, not comprehended within civil constitution. The freest governments in the world, have their army under absolute government. Republican form and principles not to be introduced into government of an army.”
Jefferson went out of his way to distinguish between the military context of the first section of the note vs. the middle-to-end of the note, which is about civil offices. He does not specify all the differences in such a brief note. The point is that any reader should avoid relying on this note for any general rules about civilian offices.
Moreover, when Jefferson writes that “appointment” and “removal” are “inherent” power in the executive, he specifies ministerial offices, in which the deputy stands in for the executive. (“Qui agit per alter” means “he who acts through another, acts for himself.” See vicarious liability and agency law). Many offices are not ministerial. “Ministerial office may be executed by deputy but not judicial.” This is not a statement of a closed universe dichotomy, “deputy” vs. “judicial.” There are other offices in between. Jefferson is simply saying that deputy/ministerial offices are removable, but he is leaving out other offices with more discretionary legal roles.
In fact, Jefferson clearly offer some examples of unremovable “freehold” civil offices: “Judges-Register Clerks-Attorney General.”
Jefferson continues: “An indefinite appointment to office is during pleasure.” This sentence implicitly confirms the Manners & Menand research here and here establishing that a definite appointment — a term of years — is NOT during pleasure, but is protected from executive removal. Their research is devastating to the unitary executive theory’s assumptions about English background, the Founding, and legislative default rules. And Roberts quoted a source without even understanding or acknowledging that other parts of the source conflicted with his interpretation, contradicted his interpretation, and – on balance – confirmed the historical research on the opposing side.
It is notable that Chief Justice Roberts did not acknowledge or address any of this research about the Anglo-American tradition of unremovable freehold offices or unremovable “term of years” offices.
Ilan Wurman’s article and amicus brief, which were the likely source for Roberts’s misuses of Jefferson, also omitted these sentences, obscured the context, and failed to acknowledge how the source actually contradicted his own argument. I have read more on presidential power and the removal power debates than any human should have to, and I’ve lived to tell the tale. And I’ve never seen anyone cite this Jefferson note from 1780 before Wurman. I addresssed Wurman’s misinterpretation of my research and my evidence in several places. I found this argument so plainly irrelevant to the meaning of Article II — and so contradicted by the text of Article II and the historical record of how the Founding generation actually interpreted the symmetry rule — that I did not think it needed to be addressed again in an amicus brief with such strict word limits.
I am astounded that Wurman’s misuse of Jefferson’s 1780 private note — omitting the context and sentences that contradicted his theory — so easily became Chief Justice Roberts’s misplaced reliance on Jefferson’s 1780 private note. And it is clear that if they had to rely on such a private note many years before the Appointments Clause was drafted and decisively changed the balance of appointment powers, they were hard pressed to offer actual evidence that would stand up when it was tracked down.
And in 1780 Thomas Jefferson wrote in a private note: “The power of appointing and removing executive officers inherent in Executive. Executive inadequate to every thing. Appoint deputies…. He who appoints may remove” (Boyd 1951, 4:281)
And in 1780 Thomas Jefferson wrote in a private note: “The power of appointing and removing executive officers inherent in Executive. Executive inadequate to every thing. Appoint deputies…. He who appoints may remove.” 4 PAPERS OF THOMAS JEFFERSON, supra, at 281.
I have had to fact-check Ilan Wurman for repeated misinterpretations of the historical record, including changing the wording of Blackstone in articles and even a Supreme Court amicus brief to change Blackstone’s basic meaning, and I already had to fact-check this article on his general misuse of my research on the symmetry rule (removal follows appointment). To his credit, he cited my research as the source of his argument, but his re-interpretation of my argument is plainly contradicted by the sources I identified, as I explained here and here. I did not realize that And now Wurman’s misuse of a Jefferson note seems to have led to Roberts’s misuse of that same Jefferson note.
Chief Justice Roberts’s use of a Jefferson sentence is one of the most egregious misuses of a source I have encountered in this entire episode of the unitary executive myths. Some of the aspects of this misuse are recurring patterns: Many sources were obviously taken out of context (check). And Roberts and untiary theorists often ignore chronology (check). And specifically, this Appointments Clause argument (because “removal follows from appointment,” presidents can unilaterally remove) is an obvious embarrassment, as it is contradicted by the text and purpose of the Appointments clause (see Justice Scalia); it is contradicted by Hamilton in the Federalist Papers, as Hamilton confirmed in 1789, as I noted in a previous fact-check last week; and as I have explained, no advocate of presidential removal offered this interpretation, and instead, when this symmetry rule was invoked, it was always interpreted to require Senate consent to remove (with only one arguable exception).
But in this case, this misuse is even worse. Two sentences are cherry-picked, but the sentences that contradict the theory are omitted. This is how the unitary executive theorists have built a myth — by misusing historical sources over and over again….
Like so many others, Roberts starts with what he wants to believe and searches for support rather than looking to sources for guidance about what to believe.
Donald Trump acts every day as if the presidency gives him the power to kill people at will.Here is the tell:yesterday in an interview on Fox News, he was asked about the bombing of the girls’ school in Minab, Iran, on the second day of the war that killed 168 people, over 100 of them school children.“You know, I don’t think anyone’s ever going to be able to say what happened there,” Trump said. He was asked if it was possible that the targeting was based on old intelligence about the Iranian Army compound that was next to the school.“It is, but it’s also possible that those images are AI-generated,” Trump asserted. “I know we’re waiting for a conclusive report — I don’t think there can be a conclusive report.” No real investigation. No report. No prosecutions. That’s now Trump’s Murder Inc. works.
Do you know where else there has been no conclusive reports about murders under Trump’s orders? The 64 strikes by the U.S. Navy on boats in the Caribbean and Pacific Oceans that have killed more than 200 people.The Trump administration asserts that the boats were smuggling drugs and the people on them were “narco-terrorists,” as if that somehow justifies the missiles and bombs that have sunk the boats and killed so many people.There is no evidence that the boats were smuggling drugs, no evidence that the people killed were drug smugglers.There have been no arrests, no charges have been brought against the survivors.A strike on June 21 in the Pacific killed two people on a boat.There were six survivors.All the Pentagon said about the survivors, these alleged “narco-terrorists,” was that the Coast Guard was “notified.”
Trump has said the boat strikes are part of an “armed conflict” with drug cartels from Mexico and Central and South America. If so, the strikes violate the international laws of war, because the U.S. was not responding to shots fired by the people on the boats at the time they were bombed and sunk.
The boat bombings and strikes using rockets are murders sanctioned and ordered by Hegseth at the Pentagon under orders from Donald Trump.Trump appears certain he can get away with the boat bombings and the bombing of the school in Iran because he is in charge of the Pentagon, which would investigate them, and his lackeys run the Department of Justice, which would be involved in prosecuting anyone accused of murder in the bombings.There won’t be any investigations.There won’t be any prosecutions.Donald Trump has been given a get out of jail free card by the Supreme Court, and he is using it to unleash his entire administration to break the law.Every contract signed in Washington D.C. for “improvements” on the Mall and for his White House ballroom has been a no-bid contract, breaking federal laws that govern how taxpayer dollars are spent by the government.But handing out theft-ready contracts to his friends is proverbial chicken feed compared to what Trump is doing with the Pentagon and ICE.
There have been no conclusive investigations or prosecutions in the two shootings of civilians by ICE in Minnesota.There was a report yesterday that after two more shootings of immigrants by ICE in Maine, the Department of Homeland Security ordered ICE to back off its campaign of out-of-control traffic stops.That lasted less than 24 hours.Trump came out today and announced that he wants more ICE traffic stops, not less. That’s like giving the ill-trained steroid-fueled ICE agents his get out of jail free cards.Kill all the immigrants and American Anti-ICE protesters you want, boys.It’s going down great with the base.Keep it up!
This is something new.Trump is using the Pentagon and a major department of the federal government to carry out murders.The two American citizens killed in Minneapolis did nothing to justify ICE killing them.They didn’t attack or interfere with ICE agents.They did not use violence as part of their protests against ICE.The immigrants who were murdered by ICE in Maine were not even the correct targets of their investigations and campaign of arrests.The immigrants were in the wrong place at the wrong time and were killed for it.
Trump has ordered more National Guard troops into Washington D.C. He has doubled the number of armed Guard soldiers in the nation’s capital to 5,000 and announced that the Guard deployment will last through inauguration day in 2029.The Guard is supposedly in Washington to fight crime, but they have no law enforcement powers.They cannot make arrests or handcuff suspects.They’re just on the streets as an authoritarian show of force by Donald Trump.It’s just a matter of time before a Guard soldier feels threatened and shoots someone.There might be a Pentagon investigation, but Donald Trump will make sure that there is no “conclusive report,” and if there is cell phone footage, he will claim it is AI-generated.
Trump has violated norms and the law since the day he took office in his first term in 2017.Now that the Supreme Court has removed the last restraints on his power, he believes the law does not apply to him or to anyone he designates as his agents, whether military or civilian.If we still lived in a nation of laws, murders under the orders of the President of the United States would not be taking place on the streets or on the high seas or in foreign nations he has gone to war against.
But this isn’t a nation of laws anymore.Trump is a mob boss, and he is running Murder Inc. and calling it a government.Tomorrow night, we will find out from him what laws he believes do not apply to him and his agents during the election in November.
Trump’s agents killed Alex Pretti and Rene Good in cold blood.If he thinks turning loose ICE on election day to prevent imaginary voting by foreigners will help Republicans, he’ll do it.If it ends up that citizen voters are killed in or near the polls, he will blame it on Antifa and claim any evidence that emerges is AI.That’s where we’re at.
Trump and his administration get scarier by the day. I am an independent journalist. I will report on their murders and law breaking without fear. To support my work, please consider buying a subscription. That is now I keep this column going.
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