Supreme Court Considers Expanding Presidential Power Over Independent Agencies

The Supreme Court recently heard arguments in Trump v. Slaughter regarding President Trump's authority to fire members of independent agencies like the Federal Trade Commission, or FTC. The case arose after Trump attempted to remove FTC Commissioner Rebecca Kelly Slaughter, leading to a lawsuit claiming the firing was illegal under a 90-year-old precedent known as Humphrey's Executor, which protects officials from being removed without cause.

According to CBS News, Solicitor General D. John Sauer argued that these removal protections violate the separation of powers, stating that Humphrey's has become a 'decaying husk.' In contrast, the liberal justices, including Sonia Sotomayor and Elena Kagan, expressed concerns that overturning this precedent would destabilize the government's structure and undermine congressional authority.

Jackson articulated worries about the potential consequences, stating that allowing the president to control independent agencies would risk replacing expert officials with political loyalists, a sentiment echoed by several sources including Breitbart News and Mother Jones.

The court's conservative justices appeared more sympathetic to the Trump administration's argument, with Justice Kavanaugh highlighting constitutional issues with unaccountable agencies. As the court considers this pivotal case, the implications for the balance of power within the federal government remain profound, especially given Trump's previous attempts to exert control over independent agencies, raising concerns about the future of bipartisan governance and expertise in regulatory matters.