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.
Download the SAN app today to stay up-to-date with Unbiased. Straight Facts™.
Point phone camera here
What the law says
Under a 1935 federal law, presidents can only remove leaders of independent boards for cause. Slaughter’s ouster was a direct challenge to that rule and analysts say it’s part of Trump’s broader push to exert more control over independent agencies.
SCOTUS weighs in
Inside the courtroom, the conservative majority appeared ready to back the president.
Justice Brett Kavanaugh noted that FTC commissioners “are not elected” and exercise “massive power over individual liberty and billion-dollar industries.”
Liberals warn of a constitutional earthquake.
Justice Sonia Sotomayor told the Trump administration’s lawyer, “You’re asking us to destroy the structure of government.”
During oral arguments Monday, some conservative justices suggested putting some limitations on the president’s removal powers, especially related to the Federal Reserve, which is the subject of separate litigation.
The Supreme Court’s final decision is expected by June. The impact could be sweeping, potentially ending the independence of more than 20 bipartisan agencies that oversee everything from monetary policy to consumer safety to broadcast licensing.
This story is featured in today’s Unbiased Updates. Watch the full episode here.
Trump admin firings
Trump has fired, without cause, members not just of the FTC, but also many other agencies, including the Consumer Product Safety Commission, the Surface Transportation Board and the Equal Employment Opportunity Commission. The administration has also asserted the authority to fire officials in bodies established by Congress that do not fall under the executive branch’s jurisdiction, such as the Library of Congress.
