"Just before the Supreme Court heard oral arguments in Trump v. Slaughter- a seismic test of presidential power-on Monday morning, Donald Trump himself showed why the case is so dangerous. The president posted a screed about 60 Minutes' critical coverage of his administration under its new ownership, Paramount, complaining: "Since they bought it, 60 Minutes has actually gotten WORSE!" Anyone familiar with Trump's playbook would understand the implication of his post."
"The FTC was designed by Congress to be an independent agency, so Trump's Truth Social posts should be meaningless. If Slaughter goes the way SCOTUS is signaling, though, Trump will be able to strongarm the agency into doing whatever he wants-including by rewarding censorship of a news program like 60 Minutes or punishing media companies whose journalists question his absolute rule."
"Slaughter supplies the blueprint for this very kind of corrupt regulatory retaliation. The case asks whether the president has constitutional authority to fire FTC commissioners, and virtually any other agency leader, in pursuit of absolute control over the executive branch. Congress has given agencies significant independence from the president since the earliest days of the republic in an effort to shield them from political pressure. Today, more than two dozen agencies are insulated from direct presidential control by removal protections."
A Supreme Court decision in Trump v. Slaughter could grant the president authority to fire commissioners of the Federal Trade Commission and other agency leaders, eliminating statutory removal protections. Such a power would allow direct presidential control over independent agencies and enable coercive regulatory decisions. The president's public attacks on media outlets and threats through social media illustrate how removal power could be used to reward compliant companies and punish critical journalists. Corporate merger decisions and antitrust enforcement could be influenced by political pressure rather than legal standards. Congress originally created agency independence to shield regulatory bodies from partisan interference.
Read at Slate Magazine
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