The Supreme Court issued a major ruling Monday that could significantly alter the balance of power in Washington. In a divided order, the justices cleared the way for Trump to remove Rebecca Kelly Slaughter, a Democratic commissioner at the Federal Trade Commission.
Trump dismissed Slaughter, the only remaining Democrat on the FTC, in March along with Alvaro Bedoya, another Democratic member.
Slaughter and Bedoya filed a lawsuit soon after their dismissal, claiming that the president had overstepped his authority. Bedoya resigned from her position, and a federal judge ruled to reinstate Slaughter in July, stating that the president had overstepped his authority.
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However, the Supreme Court overturned that July ruling Monday. The temporary decision to maintain Slaughter’s termination was issued with a 6-3 ruling.
The Supreme Court scheduled arguments for December. Until then, Slaughter will remain sidelined from the FTC.
Previous 90-year-old ruling
The Supreme Court’s decision to overturn the lower-court injunction revives a 90-year-old fight over presidential power.
Since 1935, courts have said presidents can’t fire independent agency heads without cause. Now, the high court will hear arguments in December on whether to strike down that precedent.
Justice Elena Kagan, in a fiery dissent, warned that the ruling gives presidents “full control of all those agencies,” letting them remove “any member he wishes, for any reason … or no reason at all.”
Slaughter’s attorneys issued a similar statement, saying, “Congress gave independent regulators removal protections to preserve the integrity of our economy. Giving the executive branch unchecked power over who sits on these boards and commissions would have seismic implications for our economy that will harm ordinary Americans.”
Attorney General Pam Bondi also weighed in on the decision. She posted on X saying the decision, “helps affirm our argument that the President, not a lower court judge, has hiring and firing power over executive officials.”
Other dismissals
The Supreme Court’s decision comes after it allowed Trump to fire Democratic members of the Consumer Product Safety Commission in July, and members of the National Labor Relations Board and Merit Systems Protection Board in May.
According to the Washington Post, Trump gave no reason for the dismissals, despite statutes saying they could only be removed for cause.
The recent Supreme Court decision could also affect the ongoing case against Federal Reserve Gov. Lisa Cook.
In August, Trump announced Cook’s termination over alleged mortgage fraud. Cook sued Trump following her dismissal, saying he illegally tried to remove her from her post.
In a 2-1 decision, a federal appeals court ruled that Cook wasn’t provided with basic due process and reinstated her. However, the case may now be brought before the Supreme Court.
That ruling, however, could be different from that of the FTC. According to The Post, Supreme Court justices have suggested that the constitutional rules governing the Fed may differ from agencies like the FTC.
