Supreme Court ruling expands presidential firing power over agency heads
7 reported
According to a Vox report, the Supreme Court ruled in Trump vs. Slaughter that President Donald Trump’s firing of Federal Trade Commission member Rebecca Slaughter was lawful, even though Congress required FTC commissioners to be dismissed only for cause. The decision embraces the unitary executive theory, which holds that the president should have broad authority to fire leaders of executive agencies. Justice Neil Gorsuch’s concurrence blamed President Woodrow Wilson for creating unaccountable agencies, while Justice Sonia Sotomayor dissented. The ruling applies to independent agencies like the FTC but, in a separate decision Trump v. Cook, Chief Justice John Roberts carved out an exception for the Federal Reserve, citing its historical independence. Justice Amy Coney Barrett dissented in Cook, arguing the exception contradicts the Slaughter ruling. The article notes that independent agencies are common in democratic countries and are associated with stronger rule of law.
What’s reported
The Supreme Court ruled Trump’s firing of FTC commissioner Rebecca Slaughter was lawful despite Congress’s for-cause requirement.
The decision is described as the latest embrace of the unitary executive theory.
Justice Gorsuch’s concurrence blamed President Woodrow Wilson for creating unaccountable agencies.
Justice Sotomayor dissented in the Slaughter case.
In Trump v. Cook, Chief Justice Roberts ruled Trump’s firing of Federal Reserve board member Lisa Cook violated statutory protections.
Justice Barrett dissented in Cook, saying the Fed exception contradicts the Slaughter ruling.
The article states independent agencies are common across OECD countries and associated with stronger rule of law.
Key figures
Donald Trump, President of the United States
Rebecca Slaughter, former FTC commissioner
Neil Gorsuch, Supreme Court Justice
Sonia Sotomayor, Supreme Court Justice
John Roberts, Chief Justice of the Supreme Court
Amy Coney Barrett, Supreme Court Justice
Kate Shaw, law professor at the University of Pennsylvania
Don Moynihan, professor at the University of Michigan
Brendan Carr, FCC chair
Lisa Cook, former Federal Reserve board member
Woodrow Wilson, former president
Sources: vox.com
