Supreme Court to Weigh Trump's Power to Fire FTC Members, Revisit Agency Independence
The US Supreme Court is reviewing President Trump's authority to dismiss Democratic FTC member Rebecca Kelly Slaughter, potentially overturning a 90-year-old precedent on presidential removal powers over independent agencies.
Supreme Court to hear Trump FTC firing case in December
Washington Examiner
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Overview
- The US Supreme Court is hearing arguments in December regarding President Trump's ability to fire Democratic FTC member Rebecca Kelly Slaughter, a move that has sparked legal challenges.
- The case directly challenges a 90-year-old precedent that currently limits a president's power to remove heads of independent agencies, requiring "for cause" dismissal.
- The Justice Department argues President Trump should have the authority to dismiss board members for any reason, aiming to expand presidential control over independent federal agencies.
- Liberal Justices Kagan, Sotomayor, and Brown Jackson dissented from a decision allowing Slaughter's potential removal, citing concerns about undermining agency independence and precedent.
- The Supreme Court's final ruling could significantly impact the independence of various federal agencies and reshape the balance of power between the presidency and Congress.
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Analysis
Center-leaning sources cover this story neutrally, focusing on the procedural aspects of the Supreme Court's decision to revisit the FTC removal powers. They present arguments from both the Justice Department and Rebecca Slaughter's legal team, detailing the historical context of the 1935 ruling and the implications of a potential overturn. The reporting avoids loaded language, allowing the differing legal perspectives to speak for themselves.
"The Supreme Court cleared the way for Donald Trump to fire the sole Democrat on the Federal Trade Commission, raising doubt about a long-standing precedent that has limited the president’s power over independent agencies."
Deadline"The Supreme Court's decision to allow President Trump to fire FTC commissioner Rebecca Kelly Slaughter while it considers the case raises significant questions about the balance of power between the presidency and independent agencies."
CBS News"The U.S. Supreme Court allowed President Trump to fire Rebecca Slaughter, a Democratic member of the Federal Trade Commission, for now while it hears arguments in the case in December."
NPR"The court on Sept. 22 took the rare step of agreeing to take up the issue before the lower courts have finished weighing in."
USA TODAY"The court's actions would suggest the conservative majority is sympathetic to the Trump administration's arguments that the legal provisions restricting the president's ability to remove FTC members without cause unlawfully limit his powers under Article 2 of the Constitution."
NBC News"The justices are expected to hear arguments in December over whether to overturn a 90-year-old ruling known as Humphrey’s Executor."
Associated PressArticles (18)
Center (6)
FAQ
The 90-year-old precedent limits the President's power to remove heads of independent agencies, allowing removal only "for cause," which means for specific reasons like misconduct or neglect of duty.
Their firing is significant because it challenges the legal protections that prevent presidents from removing independent agency commissioners without cause, potentially shifting the balance of power between the executive branch and independent federal agencies.
The Justice Department argues that the President should have the authority to dismiss board members for any reason, seeking to expand presidential control over independent federal agencies.
Liberal justices Kagan, Sotomayor, and Brown Jackson have dissented, expressing concerns that expanding presidential removal power could undermine the independence of federal agencies and disrupt established legal precedent.
The FTC has a rule that it cannot have more than three commissioners from the same political party, a constraint that prevented both Republican replacements for Slaughter and Bedoya at the same time and helps maintain political balance.
History
- This story does not have any previous versions.