Supreme Court to Review Presidential Authority Over Independent Agencies
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The U.S. Supreme Court is set to hear a case challenging the president's power to remove leaders of independent federal agencies without cause, potentially overturning a 90-year-old precedent.
The U.S. Supreme Court is poised to hear a case that could redefine the president's authority over independent federal agencies. The case centers on President Donald Trump's dismissal of Federal Trade Commission (FTC) member Rebecca Slaughter before her term ended, challenging the 1935 precedent set by Humphrey's Executor v. United States, which restricts the president's ability to remove agency heads without cause.
The conservative majority of the Court has previously supported expanding presidential powers. In 2020, Chief Justice John Roberts wrote that "the President's removal power is the rule, not the exception," upholding Trump's firing of the Consumer Financial Protection Bureau's head despite similar job protections upheld in Humphrey's Executor.
Legal scholars are divided on the issue. Caleb Nelson, a University of Virginia law professor and former clerk to Justice Clarence Thomas, noted that "both the text and the history of Article II are far more equivocal than the current Court has been suggesting." Jane Manners, a Fordham University law professor, indicated that historians have provided briefs to the Court to offer context on the removal power in the nation's early years, though she expressed skepticism about the Court revising its views.
The Justice Department argues that the president can fire board members for any reason to implement his agenda, contending that the precedent should be overturned. Solicitor General D. John Sauer stated, "Humphrey's Executor was always egregiously wrong."
A secondary issue in the case could affect Federal Reserve Governor Lisa Cook. The Court will decide whether judges have the power to reinstate officials if a firing is deemed illegal. Justice Neil Gorsuch previously wrote that fired employees who win in court can likely receive back pay but not reinstatement.
The Court's decision could significantly alter the balance of power between the executive branch and independent federal agencies, potentially allowing greater presidential influence over regulatory bodies.
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