The U.S. Supreme Court has temporarily permitted President Trump to fire members of two independent agencies without cause, a decision that sparked dissent from Justice Elena Kagan. Kagan argued that this action undermines legal precedent set by a 1935 ruling in Humphrey's Executor v. United States, which protected certain agency leaders from being removed without just cause. She criticized the Court's use of the emergency docket, claiming it bypasses necessary deliberation and threatens established norms regarding executive power. While the ruling affects Wilcox and Harris's roles, it distinguishes them from members of the Federal Reserve who retain stronger protections.
In her dissent joined by the two other liberal justices, Kagan criticized the Supreme Court for using the emergency docket in a way that is "short-circuiting our deliberative process" to either narrow or overturn precedent.
The high court said a stay "is appropriate to avoid the disruptive effect of the repeated removal and reinstatement of officers during the pendency of this litigation."
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