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 is set to hear the case of Trump v. Slaughter, which concerns President Trump’s request to fire independent agency officials at will, potentially dismantling the precedent set by Humphrey’s Executor. This case, driven by the “unitary executive theory,” aims to consolidate presidential power by removing protections for officials in agencies like the FTC and the Federal Reserve, impacting areas such as economic regulation and consumer safety. The outcome is expected to favor Trump, allowing the president more control and challenging the historical understanding of independent agencies. However, the court may make an exception for the Federal Reserve. This move is part of a larger conservative legal movement’s efforts to limit the power of agencies and reshape the balance of power.
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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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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