ABC News: The Supreme Court on Monday appeared likely to allow President Donald Trump to remove a Democratic member of the Federal Trade Commission purely for policy reasons, likely rolling back 90 years of legal precedent that had prevented at-will removal of independent agency officials in a decision that would expand presidential power.
The case could transform the federal government and effectively end the independence of some two dozen bipartisan agencies that Congress had designed to be insulated from political interference and direct White House supervision.
All six of the Supreme Court’s conservative justices indicated during oral arguments in the case, Trump v. Slaughter, that a president should have absolute control over the leadership of any government body carrying out executive functions, such as rulemaking and law enforcement.
They pointed to Article II of the Constitution which says, “the executive power shall be vested in a President” and that he alone “shall take Care that the Laws be faithfully executed.”
Such a ruling would overrule or substantially limit a unanimous 1935 Supreme Court decision involving the FTC — Humphrey’s Executor v. U.S. — which had affirmed limits on a president’s ability to fire members of the commission only for cause.
Justice Ketanji Brown Jackson warned of the “danger” in allowing a president to replace members of independent commissions with “loyalists and people who don’t know anything” about the agency’s expertise.
Independent agencies have regulated American monetary policy and stock trades, transportation systems and election campaigns, consumer product safety and broadcast licenses historically overseen by subject-matter experts from both parties.
Justice Brett Kavanaugh, one of the justices most often in the majority camp on the Supreme Court’s decisions, made a point of downplaying the impact of potential fallout.
Kavanaugh also suggested the Supreme Court is likely to carve out two exceptions to a ruling that would give a president greater control: the Federal Reserve Bank, which is also an independent agency, and administrative courts, such as the tax court, which are operated out of the executive branch.
Next month, the Supreme Court will hear arguments in a case involving Trump’s unprecedented attempt to fire a Democratically-appointed member of the Federal Reserve, Lisa Cook. She currently remains on the job after the justices declined Trump’s request to stay a lower court decision.
