Independent Agencies

Supreme Court Set to Weaken Oversight, Granting Trump Broader Agency Control

The Supreme Court has announced it will consider expanding presidential power over independent agencies by potentially overturning a long-standing precedent regarding the removal of board members. In a related decision, the court allowed the firing of an FTC commissioner to proceed while the case is being reviewed, echoing previous rulings that favor the president’s power of removal. The core of the case revolves around whether presidents should be able to fire board members at will, a stance supported by the Justice Department, which argues for the preservation of executive power. This decision marks a significant potential shift in the balance of power between the executive branch and independent agencies, with arguments scheduled to begin in December.

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Trump Illegally Fires Democratic Consumer Safety Commissioners

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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