US EditionSupreme Court to Hear Case on Presidential Power over Agency Board Members
The Supreme Court considers overturning a 90-year precedent limiting presidential removal power, affecting independence of about two dozen agencies, experts say.
- The U.S. Supreme Court is hearing a case today in Washington, D.C., on whether President Donald Trump can fire independent agency board members at will, including Rebecca Slaughter, a fired Federal Trade Commission member.
- Rooted in the 1935 Humphrey's Executor decision, the FTC's 1914 statute restricts commissioner removal to "inefficiency, neglect of duty, or malfeasance in office."
- President Donald Trump fired Rebecca Slaughter and another Democratic appointee in March, removing members across agencies including the Consumer Product Safety Commission, Surface Transportation Board, and Equal Employment Opportunity Commission, while lower courts ruled for Slaughter and the U.S. Chamber of Commerce backed the administration.
- The justices have signaled support for firings at some agencies, raising questions if Rebecca Slaughter can remain in office and if rulings apply beyond the Federal Trade Commission.
- The administration has already asserted removal power over non-executive bodies, including the Library of Congress and, just last week, added President Donald Trump’s name to the U.S. Institute of Peace sign.
63 Articles
63 Articles
Can presidents fire all federal bureaucrats at will? Supreme Court to hear case with major implications
President Donald Trump's work to dismantle the administrative state has reached a tipping point that could have major implications for the future. The Supreme Court is set to hear arguments that will determine President Trump's firing power at federal agencies, specifically at the Federal Trade Commission.On Monday, the court will hear arguments that will challenge a 90-year-old precedent from Humphrey's Executor v. United States.A Supreme Court…
SCOTUS takes up Trump’s bid to fire FTC commissioner at will — a showdown that could topple 90-year precedent
The Supreme Court will weigh Trump's authority to fire a sitting FTC member, in a major test of presidential powers — and one that could drastically expand presidential authorities.
Legal scholar torches 'ahistoric' fallacies of Trump Supreme Court case
On Monday, December 8, the U.S. Supreme Court is scheduled to hear oral arguments in Trump v. Slaughter, which deals with the legality of President Donald Trump's firing of Rebecca Slaughter — a former commissioner for the Federal Trade Commission (FCC). According to legal experts, the case has major implications for the United States' system of checks and balances. One of those experts is Kate Shaw, a law professor at the University of Pennsylv…
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