The Supreme Court appears poised to throw a significant spanner into the works of President Trump's efforts to expand his executive authority. A majority of justices seemed receptive to overturning a 90-year-old precedent that shields some agency officials from removal without cause, potentially having far-reaching implications for the independence of various government institutions.
At issue is the case of Trump v. Slaughter, which centers on the Federal Trade Commission (FTC). The FTC's commissioner, Rebecca Kelly Slaughter, was initially fired by President Trump in 2020, following a lengthy power struggle between the executive and legislative branches over her role. However, Slaughter's firing was later ruled illegal by a lower court, citing the long-standing precedent established by the Supreme Court in 1935.
The Trump administration argues that this precedent is an affront to the separation of powers, which vests all executive authority in the president. They contend that the president should have unfettered control over his appointees and should be able to fire them at will, without fear of political reprisal or judicial intervention.
However, many of the court's liberal justices expressed skepticism about this argument, warning that a decision in favor of the administration could lead to chaos across the government. Justice Sonia Sotomayor, for example, pointed out that such an interpretation would not only undermine the independence of agencies like the FTC but also put at risk other vital institutions.
The conservative justices, on the other hand, seemed more open to the idea that Congress's power to structure the executive branch gives lawmakers a degree of authority over the president's removal powers. However, even among them, there was significant debate about how this power should be exercised and what limits should be placed on it.
Ultimately, the Supreme Court's decision will have far-reaching implications for the balance of power in Washington and the rule of law. If the court rules in favor of the administration, it could open the door to a broader expansion of presidential authority over independent agencies, potentially leading to a more authoritarian government. Conversely, if the justices side with Congress, they would be upholding a key check on executive power and preserving the independence of institutions that are essential to democratic governance.
At issue is the case of Trump v. Slaughter, which centers on the Federal Trade Commission (FTC). The FTC's commissioner, Rebecca Kelly Slaughter, was initially fired by President Trump in 2020, following a lengthy power struggle between the executive and legislative branches over her role. However, Slaughter's firing was later ruled illegal by a lower court, citing the long-standing precedent established by the Supreme Court in 1935.
The Trump administration argues that this precedent is an affront to the separation of powers, which vests all executive authority in the president. They contend that the president should have unfettered control over his appointees and should be able to fire them at will, without fear of political reprisal or judicial intervention.
However, many of the court's liberal justices expressed skepticism about this argument, warning that a decision in favor of the administration could lead to chaos across the government. Justice Sonia Sotomayor, for example, pointed out that such an interpretation would not only undermine the independence of agencies like the FTC but also put at risk other vital institutions.
The conservative justices, on the other hand, seemed more open to the idea that Congress's power to structure the executive branch gives lawmakers a degree of authority over the president's removal powers. However, even among them, there was significant debate about how this power should be exercised and what limits should be placed on it.
Ultimately, the Supreme Court's decision will have far-reaching implications for the balance of power in Washington and the rule of law. If the court rules in favor of the administration, it could open the door to a broader expansion of presidential authority over independent agencies, potentially leading to a more authoritarian government. Conversely, if the justices side with Congress, they would be upholding a key check on executive power and preserving the independence of institutions that are essential to democratic governance.