Trump Granted Temporary Authority to Dismiss FTC Commissioner
The Supreme Court has allowed President Donald Trump to remove a member of the Federal Trade Commission (FTC), a move that could set a significant precedent for future cases involving the removal of commissioners from independent agencies.
The member in question is Rebecca Slaughter, who was initially fired by Trump in the spring. However, Slaughter sued and lower courts ordered her reinstatement due to the law's requirements for cause. The Supreme Court, in a brief order, halted the lower court's decisions regarding Slaughter's reinstatement.
Slaughter's lawsuit over her firing will continue, with her lawyers required to respond to the Trump administration's arguments by next week. The case could soon test the Supreme Court's power to fire limitations at the Federal Reserve, as the case of Fed Gov. Lisa Cook may also be subject to similar scrutiny.
The FTC is a regulator created by Congress that enforces consumer protection measures and antitrust legislation. The FTC's seats are typically comprised of three members from the president's party and two from the opposing party. The Justice Department argues that the FTC and other executive branch agencies are under Trump's control, allowing him to remove commissioners without cause.
This decision effectively abandons a 90-year-old high court precedent that protected some federal agencies from arbitrary presidential action, as established in the 1935 decision known as Humphrey's Executor. In this decision, the court unanimously held that presidents cannot fire independent board members without cause.
It's important to note that the Supreme Court has previously allowed the firings of several other board members of independent agencies. The person who presumably announced that the Department of Justice claimed the FTC and other executive agencies are under President Trump's control, and that he is free to remove commissioners without cause, is likely President Donald Trump himself.
The Slaughter lawsuit and potential case involving Fed Gov. Lisa Cook could have far-reaching implications for the independence of federal agencies and the powers of the President in relation to their commissioners. As the legal proceedings unfold, it will be crucial to monitor these developments closely.
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