"President Trump fired Democratic FTC member Rebecca Slaughter in March, four years before the end of her term and in contradiction of a 90-year-old legal precedent which affords tenure protection to the heads of independent agencies. A lower court had initially ruled that Trump had exceeded his presidential authority by dismissing Slaughter but, during a two-hour appeal hearing, the Justice Department argued that tenure protections unlawfully encroached on presidential power."
"Conservative Chief Justice John G. Roberts appeared to concur, suggesting that the ruling, which rebuffed an attempt by President Franklin Roosevelt to fire an FTC member over policy differences, was a relic of the past which had applied to an FTC which was far less powerful in the 1930s than it is today. "Humphrey's Executor is just a dried husk of whatever people used to think it was," Roberts said."
President Trump dismissed Democratic FTC member Rebecca Slaughter four years before her term expired, challenging a 90-year precedent protecting independent agency tenure. A lower court found the firing exceeded presidential authority, but the Justice Department argued at appeal that tenure protections unlawfully constrain executive power. Conservative justices, holding a 6-3 majority, appeared sympathetic to overturning Humphrey's Executor, with Chief Justice Roberts calling the precedent a relic tied to a less powerful 1930s FTC. Solicitor General D. John Sauer urged overruling the 1935 precedent as outdated and harmful to executive control over agency leadership.
Read at www.dw.com
Unable to calculate read time
Collection
[
|
...
]