Supreme Court allows Trump FTC firing, blocks Lisa Cook’s firing
June 29 (UPI) — The U.S. Supreme Court ruled Monday that Congress’ restriction of the president from firing independent agency employees without cause violates the separation of powers.
The court upheld President Donald Trump‘s firing of Rebecca Slaughter, a Democratic member of the Federal Trade Commission, overturning 90 years of precedence. The ruling came down along ideological lines with the conservative majority upholding Slaughter’s firing in a 6-3 decision.
Writing the majority opinion, Chief Justice Roberts said Congress’ “for cause” removal protections, meant to shield independent agencies from political influence, violate the separation of powers.
“What text, history, and structure settle, our precedent confirms — the president may remove his subordinates at will,” Roberts wrote.
Justice Sonia Sotomayor wrote in the minority opinion that the decision has given the president “far greater power than ever before.”
“It is a power, however, that neither the People, nor Congress, nor the Constitution bestowed upon him. In granting the President this unbridled authority, the Court upends its precedent, misconstrues our history, and sheds any pretense of judicial modesty. I respectfully dissent.”
The court’s decision upends the precedent set in 1935 in the case Humphrey’s Executor vs. United States. The high court in that case ordered that Congress could restrict the president from firing members of the FTC without cause.
“Although it is up to the Senate to decide whether to confirm those with whom the President would prefer to work with, neither Congress nor the courts may saddle him with those with whom he cannot work,” Roberts wrote. “Subordinates who exercise the President’s power are subject to removal by him. Then, and only then, can they remain accountable to the President, and the President to the people.”
While the high court allowed Trump to fire Slaughter, it rejected his bid to fire Fed Governor Lisa Cook from the Federal Reserve for the moment.
Trump attempted to pause a federal court ruling that prevented him from firing Cook last year. A lawsuit was filed challenging the attempt. In a 5-4 ruling Monday, the Supreme Court rejected the attempt by Trump.
Roberts penned the majority opinion in this case as well, joining the three liberal justices and conservative Justice Brett Kavanaugh.
“Not only the fact of independence but also the appearance of independence is key to the Federal Reserve’s design,” Roberts wrote.
