Supreme Court Expands Trump's Firing Power Over Federal Agencies, Overturns 91-Year Precedent
The Supreme Court ruled 6-3 that President Trump can fire members of independent federal agencies without cause, overturning a 1935 precedent and greatly expanding presidential power over regulatory bodies like the FTC, though it separately protected the Federal Reserve from immediate removal of its governors.
Major Shift in Executive Power
The Supreme Court has handed President Donald Trump sweeping power to bend much of the federal regulatory state to his will, a major expansion of executive branch influence that will enable him to fire the heads of independent agencies that police markets, protect consumers and enforce workplace rules. Overturning a 91-year-old precedent, the court's conservative majority said agencies that wield executive power must be ultimately answerable to the president.
Humphrey's Executor Overturned
The court overruled its 91-year-old decision in Humphrey's Executor v. United States, which had upheld the law at the center of the dispute. By a vote of 6-3, the justices struck down a federal law that bars the president from firing members of the Federal Trade Commission except in cases of "inefficiency, neglect of duty, or malfeasance in office." Chief Justice John Roberts authored the majority opinion, arguing that executive authority cannot be constrained by congressional restrictions on the president's removal power.
Federal Reserve Receives Exception
While expanding Trump's powers broadly, the Supreme Court on Monday rejected President Donald Trump's attempt to immediately fire Federal Reserve Governor Lisa Cook, further cementing the Fed's independence. The court, meanwhile, expanded the president's power to fire officials, overturning the nearly century-old precedent Humphrey's Executor. The court created a unique exception for the Federal Reserve based on its distinct structure and historic independence.
Dissent and Implications
Justice Sonia Sotomayor, in a dissent, said it "promises only chaos." These independent agencies, which Trump has already changed to obtain a more dominating GOP tilt, include the Consumer Product Safety Commission, the Federal Energy Regulatory Commission, the Federal Trade Commission, the National Labor Relations Board, and the National Transportation Safety Board. The decision fundamentally reshapes the checks and balances between the executive and legislative branches, giving Trump unprecedented control over federal regulatory bodies.