The US Supreme Court on Monday expanded presidential control over independent federal agencies, ruling in Trump v.
Slaughter that the president has constitutional authority to terminate Federal Trade Commission commissioners at will.
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The decision overturns the 1935 precedent in Humphrey's Executor v. United States, which had protected FTC leaders from removal without cause such as neglect or malfeasance.
Chief Justice John Roberts authored the majority opinion, supported by his Republican colleagues, marking the culmination of a four-decade effort by conservative jurists to implement the unitary executive legal theory.
The ruling strips Congress of its century-old power to create federal agencies that operate independently from the executive branch.
Justice Antonin Scalia had advocated for the unitary executive framework in a lone dissent in the 1988 case Morrison v.
Olson, arguing that any official exercising executive functions must remain under complete presidential control.
Scalia wrote that the Constitution vests "all of the executive power" in the president, not merely "some of the executive power."
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Roberts aligned with Scalia's interpretation, stating that FTC functions "fall well within the heartland of executive power."
The case originated after former FTC Commissioner Rebecca Slaughter sued following her termination by Donald Trump.
The decision impacts multiple federal regulatory bodies, though a companion ruling in Trump v. Cook indicated that Federal Reserve members may retain independent status.
The court previously applied similar executive authority principles in Trump v. United States, granting broad presidential immunity for official actions, including directives to the Justice Department.
Roberts noted the FTC enforces and administers some 80 statutes, conducts investigations into private corporations, and files lawsuits against entities violating federal laws.
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Legal critics argue that private attorneys also file lawsuits to enforce federal statutes without falling under presidential authority, challenging the historical basis used by the court majority.
