The Supreme Court agreed Monday to hear a case that will determine whether President Donald Trump can remove members of the Federal Trade Commission without cause, a dispute that could redefine the limits of presidential authority and the independence of federal agencies.<\/p>\n
In a brief order, the justices said Trump may remove FTC Commissioner Rebecca Kelly Slaughter while the case is pending. Arguments are scheduled for December, and the stay allowing her removal will remain in effect until the court issues a ruling.<\/p>\n
The case asks whether statutory protections against removing FTC commissioners violate the separation of powers and whether the court\u2019s 1935 decision upholding such protections should be overturned. It will also examine whether lower federal courts can block removals, as they have in cases involving Trump\u2019s dismissal of Democratic appointees.<\/p>\n
The high court\u2019s left wing \u2013 Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson \u2013 dissented, with Kagan writing that the order effectively gives the president \u201cfull control\u201d over independent agencies that Congress intended to shield from political influence.<\/p>\n
\u201cHe may now remove \u2014 so says the majority, though Congress said differently \u2014 any member he wishes, for any reason or no reason at all. And he may thereby extinguish the agencies\u2019 bipartisanship and independence,\u201d she wrote.<\/p>\n
Advertisement<\/p>\n
In reality, presidents appoint political allies to such positions, so they are hardly shielded from \u2018political independence.\u2019<\/p>\n
Attorney General Pam Bondi praised the Supreme Court\u2019s decision, calling it a \u201csignificant\u201d win that reinforces the president\u2019s executive authority.<\/p>\n