The US Supreme Court on Monday dealt a historic blow to the structure of the federal government, ruling 6-3 that President Donald Trump has the constitutional authority to fire members of independent federal agencies without cause.
Humphrey's Executor overturned
The decision overturns Humphrey's Executor v. United States, a 1935 precedent that allowed Congress to insulate leaders of roughly two-dozen agencies from political dismissal. Writing for the majority, the Court held that for-cause removal restrictions violate the Constitution's separation of powers by encroaching on the president's executive authority.
Agencies affected
The ruling applies to the Federal Trade Commission, the Securities and Exchange Commission, the Federal Communications Commission, the National Labor Relations Board, and other independent bodies. Trump had fired FTC Commissioner Rebecca Slaughter, a Democrat, without cause last year, triggering the legal challenge that reached the high court.
Dissent and next steps
Justice Kagan, joined by Sotomayor and Jackson, warned the decision 'concentrates unchecked power in one person' and 'destroys a century of settled practice.' Legal experts expect a wave of litigation over agency decisions made under independent commissioners now subject to immediate replacement.