Supreme 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.
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100 Articles
"You’re Fired" On A Federal Scale: Supreme Court Poised To Hand Trump Win Over Agency Control
The nearly century-old wall separating the White House from the gears of independent federal regulation appears on the verge of collapse. During oral arguments on Monday, the Supreme Court signaled a willingness to dismantle long-standing protections for independent agencies, potentially handing President Donald Trump the unchecked authority to remove officials at will. For decades, federal law has insulated specific […] “You’re Fired” On a Fede…
Supreme Court poised to hand Trump admin win in independent firings case
The Supreme Court appears poised to hand the Trump administration a major win. If the justices do, they could give the president far more power to remove top officials from independent agencies — even for purely political or policy reasons. The case centers on Trump's firing of Federal Trade Commissioner Rebecca Kelly Slaughter, a Democrat, earlier this year. What the law says Under a 1935 federal law, presidents can only remove leaders of indep…
Is There Anyone Trump Can’t Fire?
Can the most powerful man in the world direct his own staff? The Supreme Court is about to decide—and it may transform the administrative state in the process.The justices on Monday heard oral arguments in Trump v. Slaughter, which got started last March when Trump decided to fire Rebecca Slaughter, a Democratic member of the Federal Trade Commission. Slaughter hadn’t committed any malfeasance. Trump simply wanted to tilt the FTC toward his pref…
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