Chief Justice: Precedent in Trump Case Is a 'Dried Husk'

The Supreme Court appeared ready on Monday to give President Trump greater authority to fire independent government officials—a move that could significantly expand presidential power and erode long-standing protections against political interference. The case centers on Trump's decision to remove Rebecca Kelly Slaughter, a Democratic member of the Federal Trade Commission, despite a law that limits the president's ability to fire commissioners only for cause, the New York Times reports. Slaughter sued after her ouster, and lower courts have so far sided with her, citing a 1935 Supreme Court precedent that restricts presidential removals of officials on multimember boards.

The court's conservative majority, however, seemed open to overturning or sharply limiting that precedent, known as Humphrey's Executor, with Chief Justice John Roberts calling it a "dried husk." The court's three liberal justices warned that siding with the Trump administration could undermine the independence of more than two dozen federal agencies, with Justice Elena Kagan cautioning it would place "massive, uncontrolled, unchecked power in the hands of the president." Justice Sonia Sotomayor said the administration's argument would "destroy the structure of government."

The court's decision is expected to have sweeping implications for the balance of power in Washington and the ability of Congress to shield regulatory agencies from direct presidential control. The justices will consider a separate case next month involving Trump's attempt to fire Federal Reserve governor Lisa Cook, though the Fed may be uniquely protected from presidential interference because of the potential impact on financial markets.

The outcome of the FTC case could reshape the future of independent agencies that oversee everything from consumer protection to labor rights, the Times reports. The AP reports that in a sign that Roberts supports the administration's position, he allowed Trump to remove Slaughter while the case played out in lower courts. In opinions going back to 2010, the chief justice has gradually removed limitations on the presidential power to fire people. In 2020, the court ruled that Trump had the right to fire the head of the Consumer Financial Protection Bureau at will, with Roberts writing that the president's "removal power is the rule, not the exception."