US EditionThe Supreme Court seems likely to back Trump’s power to fire independent agency board members
The court may overturn a 1935 precedent to allow presidents to remove independent agency leaders at will, shifting regulatory power from Congress to the executive branch.
- On Dec. 8, the U.S. Supreme Court heard arguments in Trump v. Slaughter and appears likely to side with President Donald Trump in a case that could shift power from Congress to the president over independent federal agencies.
- The Trump administration is asking the court to overturn Humphrey's Executor v. United States , defending President Donald Trump's firing of Rebecca Kelly Slaughter, Federal Trade Commission commissioner, as Article II authority.
- Solicitor General John Sauer called Humphrey's a `decaying husk` and warned independent agencies wield enormous authority, while Justices Gorsuch and Kavanaugh flagged agencies exercising `executive power` and liberal justices cautioned this could `destroy the structure of government`.
- The court allowed firings to stand while litigation continues, with the U.S. Supreme Court weighing if federal courts deciding remedies can reinstate officials or must limit relief to back pay, as Justice Neil Gorsuch wrote earlier this year.
- Justice Brett Kavanaugh noted the Federal Reserve Board of Governors may deserve special treatment, and the court will hear Lisa Cook's removal case in January amid concerns about economic uncertainty, Chief Justice John Roberts' opinions have narrowed removal limits.
63 Articles
63 Articles
Missouri Independent
US Supreme Court seems ready to back Trump in case of fired FTC commissioner
Federal Trade Commissioner Rebecca Slaughter participates in a privacy roundtable at CES 2020 at the Las Vegas Convention Center on Jan. 7, 2020 in Las Vegas, Nevada. (Photo by David Becker/Getty Images)WASHINGTON — The U.S. Supreme Court appeared ready to expand presidential power after hearing a case Monday on whether President Donald Trump can hire and fire members of independent federal agencies without cause. The high court’s decision, expe…
'Seriously bad situation': Expert warns against Supreme Court expanding Trump's powers
Former Federal Trade Commissioner (FTC) Alvaro Bedoya cautioned that there are very real financial and safety impacts that can unfold if the U.S. Supreme Court allows Trump to fire appointees by other presidents on the FTC board. During the debate at the High Court on Monday, Justice Samuel Alito asked President Donald Trump's solicitor general to address whether the sky would fall if they gave Trump the power to fire appointees to various gover…
NEW: Supreme Court Justices Appear Supportive Of Trump On All-Important Case
The Supreme Court’s conservative majority hinted Monday that President Donald Trump may have the power to fire a federal regulator without cause, raising the stakes in a showdown that could topple a 90-year precedent and rewire how Washington works. For nearly three hours, justices sparred over Trump’s decision to remove Rebecca Slaughter, a Democrat serving on the Federal Trade Commission, long before her term expired. Slaughter sued, arguing t…
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