"In an emergency order, a divided court announced that it would allow President Trump to fire Rebecca Kelly Slaughter, a F.T.C. commissioner, and that it would hear argument in the case in December, a signal that a majority of the court is ready to revisit a landmark precedent limiting presidential authority. Mr. Trump had fired Ms. Slaughter and Alvaro Bedoya, two Democratic members of the F.T.C., in March."
"Justice Elena Kagan said her conservative colleagues had essentially allowed the president to take charge of agencies Congress intended to protect from partisanship. She wrote that the court's majority, order by order, has handed full control of all those agencies to the president. The justice continued: He may now removeso says the majority, though Congress said differentlyany member he wishes, for any reason or no reason at all. And he may thereby extinguish the agencies' bipartisanship and independence."
The Supreme Court issued an emergency order permitting President Trump to remove Rebecca Kelly Slaughter, an F.T.C. commissioner, and scheduled arguments for December. President Trump fired Slaughter and Alvaro Bedoya, two Democratic commissioners, in March. The Federal Trade Commission normally has five commissioners—three from the president's party and two from the opposing party—and enforces consumer protection and antitrust laws. The fired commissioners planned to challenge their removal, citing the 1935 precedent Humphrey's Executor v. United States. A conservative majority appears poised to revisit that precedent, potentially expanding presidential removal power and reducing agency independence. Justice Elena Kagan warned this would hand agencies' control to the president.
Read at www.esquire.com
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