The Supreme Court is currently considering a case that could overturn the 90-year-old precedent set by Humphrey’s Executor v. United States, which established that Congress could limit a president’s power to remove executive branch officials. The justices are debating whether President Trump’s firing of a Federal Trade Commissioner was constitutional and if upholding it would violate the separation of powers. If the court sides with the Trump administration, it could weaken the power of independent agencies, sparking concerns about the balance of power between the executive, legislative, and judicial branches. Arguments have focused on whether the president should have the authority to oversee these agencies, and whether such agencies, by their very nature, are designed to operate independent of presidential oversight. The outcome could reshape the structure of the government and the role of independent agencies.
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The Supreme Court issued a ruling that significantly weakens the protection of independent executive branch agencies from presidential removal. This decision, foreshadowing a potential overturning of the nearly century-old *Humphrey’s Executor* precedent, allows the President greater control over these agencies. The dissenting justices criticized the majority’s actions as prioritizing the President’s wishes over established legal precedent and the will of Congress. While acknowledging the Federal Reserve’s unique protection, the Court’s approach suggests a willingness to dismantle the independence of other agencies. This ruling brings the country closer to a unitary executive model, potentially transforming the executive branch into an extension of presidential power.
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President Trump abruptly dismissed three Democratic commissioners from the U.S. Consumer Product Safety Commission (CSPC), violating Supreme Court precedent established in *Humphrey’s Executor*. This action followed the commission’s approval of safety standards for lithium-ion batteries, a vote opposed by Republican members. The firings, mirroring similar actions at the Federal Trade Commission, are seen as an attack on independent agencies and their regulatory authority. The dismissed commissioners plan to challenge their removal in court, with support from organizations like Consumer Reports.
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John Q. Hosedrinker