The Supreme Court is set to hear a case that could fundamentally alter the balance of powers between Congress and the president. This case centers on the controversial removal of Rebecca Kelly Slaughter from the Federal Trade Commission (FTC), a decision made during the Trump administration.
Background on Rebecca Kelly Slaughter
Rebecca Kelly Slaughter was appointed to the FTC in 2018 to fill a Democratic seat. However, in March 2021, she was abruptly removed from her position. The Trump administration cited that her continued service was inconsistent with their priorities. Slaughter was not given any specific reasons for her dismissal.
Legal Proceedings and Implications
After her removal, Slaughter initiated legal proceedings, arguing that her dismissal was unlawful. A lower court agreed, stating that her firing did not comply with established laws governing the independence of the FTC. Nevertheless, the Trump administration appealed this decision. In September 2021, the Supreme Court issued an emergency order, temporarily re-instating her dismissal until the case’s merits could be heard. The decision was made with a 6 to 3 vote along ideological lines.
Historical Precedent and Its Reassessment
The current case challenges a 90-year-old precedent established during President Franklin D. Roosevelt’s administration. Known as Humphrey’s Executor, this precedent determined that while the president can remove executive officers, this authority does not extend to independent agencies like the FTC, which have quasi-judicial and quasi-legislative functions.
Shifting Views on Independent Agencies
The Trump administration has argued that the Supreme Court misinterpreted the functions of the FTC in the early 20th century. They contend that the agency has grown to wield significant executive powers, which justifies a re-evaluation of its independence.
In contrast, Slaughter maintains that preserving the autonomy of bipartisan multimember agencies is crucial for objective decision-making. She states, “Independence allows decisions to be made based on facts and facts alone.”
Contrasting Perspectives
- Rebecca Kelly Slaughter: Advocates for agency independence to protect American interests.
- James M. Burnham: Argues that all agencies must be accountable to one of the three government branches and questions the constitutionality of independent agency protections.
Future Deliberations
The Supreme Court is expected to continue its deliberations on this critical issue in January 2022. It will also consider another case concerning President Trump’s attempted removal of Federal Reserve Governor Lisa Cook.
This case represents more than just a legal dispute; it stands to redefine the powers granted to independent agencies and the fundamental checks and balances within the U.S. government.
