Supreme Court to reconsider a 90-year-old unanimous ruling that limits presidential power on removing heads of independent agencies | Fortune
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Supreme Court to reconsider a 90-year-old unanimous ruling that limits presidential power on removing heads of independent agencies | Fortune
"They already have allowed Trump, in the opening months of the Republican's second term, to fire almost everyone he has wanted, despite the court's 1935 decision in Humphrey's Executor that prohibits the president from removing the heads of independent agencies without cause. The officials include Rebecca Slaughter, whose firing from the Federal Trade Commission is at issue in the current case, as well as officials from the National Labor Relations Board, the Merit Systems Protection Board and the Consumer Product Safety Commission."
"Humphrey's Executor has long been a target of the conservative legal movement that has embraced an expansive view of presidential power known as the unitary executive. The case before the high court involves the same agency, the FTC, that was at issue in 1935. The justices established that presidents - Democrat Franklin D. Roosevelt at the time - could not fire the appointed leaders of the alphabet soup of federal agencies without cause."
Conservatives on the Supreme Court may overturn Humphrey's Executor, the 1935 precedent that limits the president's power to remove independent-agency leaders without cause. The president has already removed numerous officials in the opening months of his second term, including Rebecca Slaughter at the Federal Trade Commission, and officials at the NLRB, MSPB and CPSC. Only Lisa Cook and Shira Perlmutter have so far survived removal efforts; the court signaled it may treat the Federal Reserve differently. Humphrey's Executor enabled powerful independent agencies that regulate labor relations, employment discrimination, broadcasting and other areas, and faces consistent attacks from proponents of the unitary executive theory.
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