Supreme Court Poised to Back Trump Administration on Removal of Independent Board Members
The Supreme Court appears poised to support the Trump administration's position that the president has the authority to remove independent board members who have protection against presidential interference. This case focuses on President Trump's firing of Federal Trade Commission (FTC) member Rebecca Slaughter in March before her term had expired, with the Department of Justice appealing a lower court ruling that found he exceeded his authority.
Conservative justices, potentially including Amy Coney Barrett, seem to favor expanding executive power in what is currently a 6-3-leaning court. The decision could overturn the 1935 precedent established in Humphrey’s Executor v United States, a New Deal-era ruling that protected the heads of independent agencies from removal.
If upheld, the ruling would have significant consequences for the independence of the administrative state and the limits placed on presidential removal power. The Guardian frames this case as part of a broader expansion of executive power, with party-line divisions evident among the justices on the bench.
