US EditionSupreme Court Could Overturn 90 Years of Precedent in FTC Firing Case
The Supreme Court may strike down for-cause removal protections, expanding presidential control over roughly two dozen independent agencies, potentially altering federal regulatory authority.
- On Monday, the U.S. Supreme Court heard about 2-1/2 hours of argument in the Justice Department's appeal in Trump v. Slaughter and signaled it would likely strike down a law restricting presidential removal of FTC members.
- President Donald Trump fired FTC Commissioner Rebecca Slaughter by email in March, and she sued, arguing the dismissal violated for-cause protections in the 1914 statute and Humphrey's Executor v. United States.
- U.S. Solicitor General D. John Sauer urged overturning Humphrey's Executor as an `indefensible outlier`, while Chief Justice John Roberts called it `just a dried husk`, and liberal justices warned it risks civil service independence.
- If the court sides with the Trump administration, presidential control would increase over roughly two dozen multi-member independent agencies and bolster his authority amid challenges to constitutional limits.
- Lower courts ordered Rebecca Slaughter, FTC Commissioner, reinstatement, but the Supreme Court allowed her removal while considering the appeal after the administration's September request; the court will hear a related case on January 21 involving Federal Reserve Governor Lisa Cook.
11 Articles
11 Articles
The Supreme Court Is Set to Pick Financial Predators Over the People
Justice Brett Kavanaugh used an interesting choice of phrase when describing the constitutional issues in Trump v. Slaughter, the vividly named case on the president’s ability to remove certain federal officials that Congress stipulated could only be fired for cause.“How do you answer the accountability theme, which I think is the theme of the other side, is that independent agencies are not accountable to the people?” Kavanaugh asked Amit Agarw…
Court seems likely to side with Trump on president’s power to fire FTC commissioner
Updated on Dec. 8 at 5:05 p.m. The Supreme Court on Monday morning signaled that it was likely to strike down a federal law that restricts the president’s ability to fire members of the Federal Trade Commission. During two and a half hours of argument in the case of Trump v. Slaughter, a solid majority of the justices appeared to agree with the Trump administration that a law prohibiting the president from firing FTC commissioners except in case…
Supreme Court conservatives poised to back Trump in FTC firing case | Honolulu Star-Advertiser
WASHINGTON >> Conservative U.S. Supreme Court justices signaled today they will uphold the legality of Donald Trump’s firing of a Federal Trade Commission member and give a historic boost to presidential power while also imperiling a 90-year-old legal precedent.
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