The Supreme Court has taken a significant step towards allowing President Donald Trump to fire members of independent federal agencies without cause, a move that could have far-reaching implications for the structure of the US government.
The court's conservative-majority ruling appears poised to side with Trump in his dispute over the firing of FTC Commissioner Rebecca Kelly Slaughter. The agency's removal restrictions, which were enacted by Congress in 1914, state that members can only be removed for "inefficiency, neglect of duty, or malfeasance in office." However, the court has signaled that it will likely allow Trump to fire Slaughter while the litigation continues.
A ruling in Trump's favor would be a significant blow to the long-standing concept of independent federal agencies. It could also have repercussions for other agencies set up by Congress with similar removal restrictions, giving presidents greater authority over them. The justices have not ruled out imposing limits on the president's removal powers, especially when it comes to the Federal Reserve.
In oral arguments, conservative Justices Neil Gorsuch and John Roberts argued that the Humphrey's Executor v. United States ruling, which upheld the 1914 law, was "poorly reasoned" and should be overturned. They suggested that the FTC now exercises more executive power than in the past, making the president more accountable for its actions.
The court also faced criticism from liberal justices, who argued that allowing Trump to fire Slaughter would destroy the structure of government and undermine Congress's ability to protect its idea of an independent agency. However, it seems that the conservative majority is leaning towards a ruling that would give presidents greater authority over these agencies.
This case has significant implications for the broader movement to downsize federal agencies and limit their power. Trump's administration has been actively seeking to remake the government in this image, with plans to fire thousands of career federal employees and withhold Congress-approved spending he opposes.
The US Chamber of Commerce, a major business group, has backed the administration on this issue, while critics argue that such moves would undermine accountability and regulation, particularly when it comes to vital issues like consumer protection and antitrust enforcement.
The court's conservative-majority ruling appears poised to side with Trump in his dispute over the firing of FTC Commissioner Rebecca Kelly Slaughter. The agency's removal restrictions, which were enacted by Congress in 1914, state that members can only be removed for "inefficiency, neglect of duty, or malfeasance in office." However, the court has signaled that it will likely allow Trump to fire Slaughter while the litigation continues.
A ruling in Trump's favor would be a significant blow to the long-standing concept of independent federal agencies. It could also have repercussions for other agencies set up by Congress with similar removal restrictions, giving presidents greater authority over them. The justices have not ruled out imposing limits on the president's removal powers, especially when it comes to the Federal Reserve.
In oral arguments, conservative Justices Neil Gorsuch and John Roberts argued that the Humphrey's Executor v. United States ruling, which upheld the 1914 law, was "poorly reasoned" and should be overturned. They suggested that the FTC now exercises more executive power than in the past, making the president more accountable for its actions.
The court also faced criticism from liberal justices, who argued that allowing Trump to fire Slaughter would destroy the structure of government and undermine Congress's ability to protect its idea of an independent agency. However, it seems that the conservative majority is leaning towards a ruling that would give presidents greater authority over these agencies.
This case has significant implications for the broader movement to downsize federal agencies and limit their power. Trump's administration has been actively seeking to remake the government in this image, with plans to fire thousands of career federal employees and withhold Congress-approved spending he opposes.
The US Chamber of Commerce, a major business group, has backed the administration on this issue, while critics argue that such moves would undermine accountability and regulation, particularly when it comes to vital issues like consumer protection and antitrust enforcement.