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Tipsheet

Supreme Court Signals Support for Trump Admin in Landmark FTC Firing Case

AP Photo/Susan Walsh

The United States Supreme Court heard oral arguments on Tuesday in the case of Trump v. Slaughter, which centers on whether the president has the authority to fire a member of the Federal Trade Commission without cause. A ruling in favor of the Trump administration would overturn a nearly century-old precedent. The Court seems poised to rule in favor of allowing the president to fire, without cause, members of independent executive agencies. 

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At the heart of the case is President Trump’s decision to fire Federal Trade Commission member Rebecca Slaughter, a Democrat, without citing any cause. Her term was set to expire in 2029.

From Fox News:

Slaughter sued immediately to challenge her removal, arguing that it violated protections the Supreme Court enshrined in Humphrey's Executora 1935 ruling that restricted a president's ability to remove the heads of independent agencies, such as the FTC, without cause. 

Slaughter also argued her removal violates the Federal Trade Commission Act, or a 1914 law passed by Congress that shields FTC members from being removed by a president except in circumstances of "inefficiency, neglect of duty, or malfeasance in office."

...

[The Supreme Court] asked both parties to come prepared to address two key questions in oral arguments: First, whether the removal protections for FTC members "violates the separation of powers and, if so, whether Humphrey’s Executor, should be overruled," and whether a federal court may prevent a person’s removal from public office, "either through relief at equity or at law."

A federal judge in July sided with Slaughter, ruling that her firing was unlawful and ordered her reinstatement. The Trump administration appealed the ruling, and the Supreme Court agreed, in September, to hear the case.

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Oral arguments lasted only 2.5 hours, as the Court's conservative majority appeared favorable to the administration's arguments, with Justice Neil Gorsuch arguing that those independent agencies constitute an improper “fourth branch of government," unaccountable to both the Executive and Legislative branches. 

Justice Kavanaugh was the only conservative Justice to voice concern about the administration's view, expressing worry that a ruling in favor of Trump would jeopardize the independence of the Fed’s Board of Governors. That independence typically prevents the fast-paced political environment of the United States from drastically affecting monetary policy, which is supposed to be more long-term.

A ruling in Trump's favor would give the president more control over dozens of regulatory boards, including the Federal Trade Commission and the National Labor Relations Board. 

Editor's Note: President Trump is leading America into the "Golden Age" as Democrats try desperately to stop it.  

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