The Supreme Court ruled 6-3 on Monday that President Trump can fire leaders of independent regulatory agencies, without cause. This overturns a 91-year-old precedent that protects these agencies from political interference. In the same ruling they drew a specific line in the sand, stating that the Federal Reserve is different and President Trump cannot fire it’s governors without cause and due process. Both opinions were written by Chief Justice Roberts, issued on Monday.
Trump v. Slaughter
Soon after the beginning of Trump’s second term, he fired two Democratic appointees, Rebecca Slaughter and Alvaro Bedoya. Trump didn’t identify a cause under the statute he instead told them that their “continued service was inconsistent with his administrations priorities ” and the they were removed “pursuant to his authority under Article II of the U.S. Constitution.
Slaughter sued, and won in the lower courts. The Supreme Court reversed those rulings entirely.
The precedent that has been killed, Humphrey’s Executor v. United States, is a ruling from 1935 that was the legal foundation for independent agencies for 91 years. After today it is no longer effective. Chief Justice Roberts wrote in the opinion: “If anything more is left of Humphrey’s, the Court overrules it.” The agencies affected regulate everything from consumer protection to workplace discrimination to product safety.
Chief Justice Roberts grounded the ruling in Article II of the U.S. constitution. Article II is the section of the Constitution that defines the Presidents executive power. Roberts’ argument is essentially three points:
- The Constitution says the president is in charge of executing laws.
- You can’t be in charge of something if you can’t control the people doing it for you. If the president can’t fire someone he can’t actually be held responsible for what that person does.
- Therefore, Congress can’t pass a law that says “you can only fire this person if you have cause” because that undermines the presidents constitutional control over the executive branch
Roberts states in his opinion that the “unity” of the executive branch would be “destroyed” if it was vested “ostensibly in one man, subject in whole or in part to the control and co-operation of others.”
When it comes to the Federal Trade Commission (FTC) in this case, they enforce and administer about 80 statutes covering almost every facet of the nation’s economy. They have the power to investigate businesses, enforce statutes, and file civil suits on behalf of the United States. Beyond the FTC, this decision could impact two dozen agencies across the government.
If you think this ruling is good or bad, or if you think this will solve problems, is as always for you to decide.
-Elijah Iraheta, Editor in Chief, Saber News
