The US Supreme Court appears likely to rule in favour of expanding presidential power to fire officials at independent agencies like the FTC
WASHINGTON: The US Supreme Court appeared likely on Monday to back a bid by President Donald Trump to expand presidential powers and curtail the independence of federal agencies.
The case stems from Trump’s firing of Rebecca Slaughter, a Democratic member of the regulatory Federal Trade Commission (FTC).
Lower courts upheld Slaughter’s claim that her dismissal without cause violated congressional rules protecting members of independent agencies.
A majority of the conservative-dominated court’s justices appeared to side with the administration during oral arguments.
Solicitor General John Sauer urged the justices to overturn a landmark 1935 ruling known as “Humphrey’s Executor” that limited a president’s power to dismiss FTC members.
Chief Justice John Roberts, a conservative, referred to the precedent as a “dried husk” during arguments.
Sauer argued the president as chief executive should have authority to remove members of the FTC and similar independent agencies at will.
“The real world consequences here are human beings exercising enormous governmental authority… who ultimately do not answer to the president,” Sauer said.
The three liberal justices expressed deep concerns that such a ruling would vastly increase executive power.
“The result of what you want is that the president is going to have massive, unchecked, uncontrolled power,” Justice Elena Kagan told the solicitor general.
Justice Sonia Sotomayor said the administration’s request would “destroy the structure of government”.
The FTC’s function is to protect the public against deceptive business practices and it has taken on major tech firms.
Justice Ketanji Brown Jackson warned against allowing a president to replace experts with loyalists.
“Having a president come in and fire all the scientists and the doctors and the economists… is actually not in the best interests of the United States,” Jackson said.
The Supreme Court has overwhelmingly sided with Trump on other executive power cases since he returned to office.
The court is to hear arguments next month over Trump’s bid to fire Federal Reserve Board Governor Lisa Cook.
A decision in the FTC case is expected by the end of June. – AFP
