 "US President Donald Trump. Reuters File")
The US Supreme Court on Monday appeared poised to give the president greater authority over traditionally independent federal agencies, as the court’s conservative majority questioned a nearly 90-year-old precedent.
According to a Bloomberg report, during arguments in Washington, justices indicated they may allow President Donald Trump to permanently remove Rebecca Kelly Slaughter from the Federal Trade Commission (FTC), despite a law limiting commissioners’ dismissal to specific circumstances.
If Slaughter is removed, the consumer-protection agency would be left without any Democratic commissioners, added the report.
Opponents of federal regulations see the case as an opportunity to overturn the 1935 Humphrey’s Executor decision, which upheld the FTC’s job protections and established the framework for independent agencies across the federal government.
Reversing that ruling could have wide-ranging effects on agencies that oversee labor relations, consumer product safety, transportation safety, and employment discrimination.
Court liberals strongly criticised the possibility.
Justice Elena Kagan warned that Trump’s position would create “massive, uncontrolled, unchecked power in the hands of the president.”
The court’s six conservatives, however, framed the issue as one of accountability.
“Tomorrow we could have the Labor Commission, the Education Commission, the Environmental Commission, rather than Departments of Interior and so forth,” Bloomberg quoted Justice Neil Gorsuch as saying.
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View AllA broader ruling could potentially undermine the independence of the Federal Reserve, though conservative Justice Brett Kavanaugh signaled he would uphold a carveout for the central bank, citing “concerns” about weakening its autonomy.
The court will next month hear Trump’s bid to remove Fed Governor Lisa Cook over alleged mortgage fraud, which she denies.
Critics argue that Humphrey’s Executor allows powerful executive branch officials to operate unaccountably, while defenders say the Constitution allows Congress to create agencies led by experts insulated from political pressures.
With inputs from agencies