The Supreme Court appears prepared to give President Donald Trump broad new authority to remove the heads of independent federal agencies, a shift that could dramatically alter the structure of the modern administrative state. During oral arguments Monday in a case involving Trump’s firing of Federal Trade Commission member Rebecca Slaughter, the court’s conservative majority showed clear interest in weakening or overturning a 90-year-old precedent that has long shielded agency officials from at-will dismissal.
The dispute centers on Humphrey’s Executor, a 1935 ruling that allowed Congress to create independent agencies whose leaders could be removed only for cause. That framework has shaped oversight of institutions such as the FTC, the Federal Communications Commission and the Securities and Exchange Commission. The Trump administration has argued that the decision is incompatible with the Constitution’s separation of powers and has urged the court to eliminate limits on presidential removal authority.
Slaughter’s case reached the court after she was dismissed in March without any stated performance concerns. A federal appeals court ordered her reinstated, but the Supreme Court allowed her firing to stand while it considers the case. The justices’ questioning suggested they are likely to side with Trump, though several members of the court probed how far a decision should extend.
Chief Justice John Roberts and other conservatives asked whether discarding Humphrey’s Executor could force independent agencies to abandon certain enforcement roles or disrupt the structure of specialized courts. Justice Brett Kavanaugh sought clarity on whether the ruling would reach institutions such as the Federal Reserve, prompting the government to argue that the Fed occupies a historically distinct, quasi-private category.
The court is already scheduled to hear a separate case next month involving Trump’s attempt to fire Federal Reserve Board member Lisa Cook, signaling that any ruling in the FTC dispute could be part of a broader reexamination of the boundaries of presidential control.
Some conservative justices indicated the FTC case might be resolved narrowly, with more complex questions postponed. The court’s liberal justices countered that dismantling a foundational precedent would have far-reaching consequences that cannot easily be contained.
Source: Politico
Liberal judges no matter how high in the system should be able to be terminated by the president. Congress should be stripped of its power. All state general assembly should be dismantled. They are nothing but a money grab. Each state should have 2 seats 1 in congress 1 in the house. Their power should be extremely limited. The people of each state should vote to give them raises not them give themselves money. No congressman or woman gets a full pention and lifetime benefits on tax payers. Democrats should be treated as communist and terrorist. Power company’s should have… Read more »