WASHINGTON—The U.S. Supreme Court has ruled that President Trump has the power to fire commissioners at independent agencies without cause. The landmark 6-3 ruling overturns a 91-year precedent and significantly strengthens the authority of the executive branch over agencies like the Federal Trade Commission and the Federal Communications Commission that were established by Congress to be somewhat insulated from political influence.
In the 6-3 majority option, Chief Justice John G. Roberts Jr. ruled in Trump v. Slaughter that Trump had the right to fire Rebecca Slaughter, a Democratic member of the Federal Trade Commission, without cause and that the "FTC’s for-cause removal provision is contrary to the separation of powers enshrined in the Constitution."
The case has important implications for other independent agencies like the FTC, the Securities and Exchange Commission and the FCC. It could also give the president much greater control over the Federal bureaucracy by providing him with the authority to fire and appoint people based on political loyalty and partisan politics.
The decision was immediately blasted by Democrats.
U.S. Senator Maria Cantwell (D-Wash.), Ranking Member of the Senate Committee on Commerce, Science and Transportation, complained that “today, the Supreme Court’s conservative majority overturned a 91-year-old precedent and once again delivers for President Trump. Congress created independent agencies to shield critical decisions from short-term partisan whims and to ensure bipartisan and well-reasoned decision making. By gutting these protections, the Supreme Court is throwing the door open for politics – not the public interest – to be the guiding star for future decisions. Congress must take action to preserve the ability for agencies to deliver expert, fact-based results for the American people.”
In a separate case, however, SCOTUS ruled 5-4 in Trump v. Cook that a member of the Federal Reserve’s Board of Governors could remain in her job while she challenges Trump’s efforts to fire her.
