Supreme Court to Weigh Trump's Power to Fire FTC Members, Revisit Agency Independence
The US Supreme Court is reviewing President Trump's authority to dismiss Democratic FTC member Rebecca Kelly Slaughter, potentially overturning a 90-year-old precedent on presidential removal powers over independent agencies.
Overview
The US Supreme Court is hearing arguments in December regarding President Trump's ability to fire Democratic FTC member Rebecca Kelly Slaughter, a move that has sparked legal challenges.
The case directly challenges a 90-year-old precedent that currently limits a president's power to remove heads of independent agencies, requiring "for cause" dismissal.
The Justice Department argues President Trump should have the authority to dismiss board members for any reason, aiming to expand presidential control over independent federal agencies.
Liberal Justices Kagan, Sotomayor, and Brown Jackson dissented from a decision allowing Slaughter's potential removal, citing concerns about undermining agency independence and precedent.
The Supreme Court's final ruling could significantly impact the independence of various federal agencies and reshape the balance of power between the presidency and Congress.
Analysis
Center-leaning sources cover this story neutrally, focusing on the procedural aspects of the Supreme Court's decision to revisit the FTC removal powers. They present arguments from both the Justice Department and Rebecca Slaughter's legal team, detailing the historical context of the 1935 ruling and the implications of a potential overturn. The reporting avoids loaded language, allowing the differing legal perspectives to speak for themselves.
Sources (18)
Center (6)
FAQ
The 90-year-old precedent limits the President's power to remove heads of independent agencies, allowing removal only "for cause," which means for specific reasons like misconduct or neglect of duty.
Their firing is significant because it challenges the legal protections that prevent presidents from removing independent agency commissioners without cause, potentially shifting the balance of power between the executive branch and independent federal agencies.
The Justice Department argues that the President should have the authority to dismiss board members for any reason, seeking to expand presidential control over independent federal agencies.
Liberal justices Kagan, Sotomayor, and Brown Jackson have dissented, expressing concerns that expanding presidential removal power could undermine the independence of federal agencies and disrupt established legal precedent.
The FTC has a rule that it cannot have more than three commissioners from the same political party, a constraint that prevented both Republican replacements for Slaughter and Bedoya at the same time and helps maintain political balance.
History
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