Supreme Court Expands Presidential Power Over Independent Agencies, But Shields Federal Reserve
The Supreme Court ruled that President Trump can fire heads of independent agencies more freely, but a Fed governor may stay in her position. The court also upheld rules allowing mail-in ballots received after Election Day to be counted if mailed on time.
Supreme Court's Two Major Rulings
The Supreme Court ruled 5-4 that Lisa Cook, a member of the Federal Reserve Board of Governors, can remain in her job until litigation is resolved in the lower courts. The Supreme Court ruled Monday that President Trump cannot fire Fed governor Lisa Cook while legal proceedings continue, but that his firing of Federal Trade Commission member Rebecca Slaughter was lawful. This decision marks a crucial moment in the ongoing battle over executive power and agency independence.
The End of Humphrey's Executor
Thursday's decision marks a final blow to Humphrey's Executor, with the Court overruling anything remaining of it. During Trump's first term, the Supreme Court chipped away at the precedent when it let Trump fire the head of another independent agency, the Consumer Financial Protection Bureau (CFPB), holding that the firing was permissible because the CFPB is run by a single director rather than a multimember board.
Mail-in Ballot Decision
The Supreme Court ruled Monday in a 5-4 decision that mail-in ballots can be counted if they're cast by Election Day, even if they arrive afterward, crushing a Republican challenge to a Mississippi law. The Supreme Court ruled 5-4 that states may count mail-in ballots received after Election Day if they were mailed on time, preserving rules in Mississippi and other jurisdictions ahead of the midterms.
Implications and Context
Chief Justice John Roberts described Humphrey's Executor as applying only to multimember agencies "that do not wield substantial executive power." The rulings demonstrate the Court's willingness to grant Trump broader authority over executive agencies while still carving out protection for the Federal Reserve and upholding voting regulations.