US Supreme Court opens door to allowing Trump to fire agency officials without cause, fueling concerns about erosion of checks and balances.
The US Supreme Court has appeared receptive to a ruling that would allow President Donald Trump to remove members of independent agencies from their posts without cause, sparking concerns about the erosion of checks and balances in the US government. The case, Trump v Slaughter, involves Trump's attempt to fire a member of the Federal Trade Commission (FTC), Rebecca Kelly Slaughter.
The issue at hand dates back to 1935 when the Supreme Court ruled in Humphrey's Executor that Congress has the authority to limit the president's power to remove members of independent agencies. The ruling established that such removals are limited to instances of inefficiency, neglect of duty, or malfeasance in office.
However, the Trump administration argues that this precedent is outdated and should be overturned. Solicitor General D John Sauer told the court that Humphrey's Executor "encroaches on the president's authority" and that Congress has "repeatedly eroded" its power to regulate executive agencies.
The court's liberals have expressed skepticism about the Trump administration's argument, with Justice Sonia Sotomayor warning that a ruling in favor of the administration could lead to chaos across the government. The three liberal justices have defended the removal protections and warned that expanding presidential power over independent agencies would undermine their independence and put "massive uncontrolled, unchecked power" in the hands of the president.
The conservative justices, on the other hand, have expressed skepticism about Congress's ability to limit the president's authority over executive agencies. Justice Brett Kavanaugh noted that broad delegations of power to independent agencies can raise significant constitutional concerns for individual liberty.
If the Supreme Court rules in favor of the Trump administration, it could pave the way for a significant expansion of presidential power over independent agencies and potentially undermine checks on his authority. The case has significant implications for the functioning of the US government and highlights the ongoing struggle between the branches of government over the scope of executive authority.
The US Supreme Court has appeared receptive to a ruling that would allow President Donald Trump to remove members of independent agencies from their posts without cause, sparking concerns about the erosion of checks and balances in the US government. The case, Trump v Slaughter, involves Trump's attempt to fire a member of the Federal Trade Commission (FTC), Rebecca Kelly Slaughter.
The issue at hand dates back to 1935 when the Supreme Court ruled in Humphrey's Executor that Congress has the authority to limit the president's power to remove members of independent agencies. The ruling established that such removals are limited to instances of inefficiency, neglect of duty, or malfeasance in office.
However, the Trump administration argues that this precedent is outdated and should be overturned. Solicitor General D John Sauer told the court that Humphrey's Executor "encroaches on the president's authority" and that Congress has "repeatedly eroded" its power to regulate executive agencies.
The court's liberals have expressed skepticism about the Trump administration's argument, with Justice Sonia Sotomayor warning that a ruling in favor of the administration could lead to chaos across the government. The three liberal justices have defended the removal protections and warned that expanding presidential power over independent agencies would undermine their independence and put "massive uncontrolled, unchecked power" in the hands of the president.
The conservative justices, on the other hand, have expressed skepticism about Congress's ability to limit the president's authority over executive agencies. Justice Brett Kavanaugh noted that broad delegations of power to independent agencies can raise significant constitutional concerns for individual liberty.
If the Supreme Court rules in favor of the Trump administration, it could pave the way for a significant expansion of presidential power over independent agencies and potentially undermine checks on his authority. The case has significant implications for the functioning of the US government and highlights the ongoing struggle between the branches of government over the scope of executive authority.