Washington, 23 September (H.S.): The U.S. Supreme Court has significantly expanded presidential authority by ruling that President Donald Trump can dismiss a top official from the Federal Trade Commission (FTC). In a move with far-reaching implications, the court also agreed to reconsider a nearly century-old legal standard that has historically protected independent federal agencies from direct presidential control.
In a 6-3 decision, the justices permitted the termination of Democratic Commissioner Rebecca Slaughter to proceed while her legal challenges are ongoing. This ruling effectively gives the President greater power over the leadership of regulatory bodies that Congress designed to be insulated from partisan politics. The FTC, which enforces consumer protection laws, traditionally operates with a bipartisan structure of five commissioners.
Justice Elena Kagan, writing for the dissenting liberal justices, issued a sharp rebuke, warning that the decision allows the president to dismantle the independence of institutions intended to be non-partisan. She argued that the majority has handed the President full control, enabling him to remove any member for any reason and thereby extinguish the agencies’ bipartisanship and independence.
The court has scheduled arguments for December to revisit the 1935 landmark case Humphrey’s Executor v. United States. That 90-year-old ruling established that presidents could only remove commissioners of independent agencies for inefficiency, neglect of duty, or malfeasance in office. A reversal of this precedent could fundamentally alter the balance of power within the U.S. government.
The case emerged after President Trump fired two Democratic FTC members, Slaughter and Alvaro Bedoya, in March. While Bedoya resigned, Slaughter fought her dismissal, which a federal judge had previously declared unlawful. Separately, the court is also considering a case involving the administration’s effort to remove Federal Reserve Governor Lisa Cook.
—————
Hindusthan Samachar / Jun Sarkar
