The Supreme Court's conservative majority has signaled it is prepared to back President Donald Trump's push to assert greater control over independent federal agencies.
1935 Agency Shield Faces New Challenge
After two-and-a-half hours of arguments on Monday, the Supreme Court's six conservative justices seemed to side with Trump, while the three liberal justices firmly opposed him. A ruling in the separation-of-powers case is expected by late June. This shift could pave the way for overturning a 1935 precedent that has long shielded these agencies from direct White House control.
The case centers on Trump's move to remove Rebecca Kelly Slaughter from the Federal Trade Commission in March, even though federal law requires presidents to demonstrate cause before ousting the heads of multi-member, board-run agencies.
Trump is asking the justices to discard a long-standing precedent that allows Congress to require presidents to justify removing leaders of independent agencies. The current Court has already narrowed the scope of this 1935 decision, known as Humphrey's Executor v. United States.
In related cases involving independent agencies, the Court drew a clear distinction between those bodies and the Federal Reserve, signaling that a majority of justices are not yet prepared to back any effort by Trump to intervene in the Fed's operations.
Federal Agency Turmoil Under Trump
The ruling could carry major consequences well beyond the FTC. It comes on the heels of a series of controversial moves by the Trump administration, including mass layoffs and restructuring of the government, mostly under Elon Musk’s Department of Government Efficiency (DOGE).
A federal judge’s ruling in May blocked the administration from implementing these layoffs, citing the need for congressional approval.
However, the administration began laying off thousands of federal workers in October, blaming the Democrats for the shutdown. In September, Trump directed the removal of Bureau of Labor Statistics Commissioner Erika McEntarfer just hours after a weaker-than-expected jobs report, accusing her, without offering evidence, of politically manipulating the employment data.
Earlier in July, the Supreme Court had allowed Trump to fire three Democratic members of the Consumer Product Safety Commission, Richard Trumka Jr., Alexander Hoehn-Saric, and Mary Boyle, who were previously reinstated by the federal court.
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