The US Supreme Court began hearing arguments in a case that could determine whether President Donald Trump's ability to fire officials from independent agencies is constitutional. The case, Rebecca Kelly Slaughter v. US, centers on the dispute over the removal of Ms Slaughter, a Democratic member of the Federal Trade Commission (FTC), which was re-confirmed for a second term under Joe Biden that was set to expire in 2029.
Solicitor General John Sauer argued that the Humphrey's Executor precedent, established in 1938, must be overruled. The precedent states that the president requires Congress' signoff to fire an official from an independent government agency, and it needs to be "for cause". However, Mr Agarwal, arguing on behalf of Ms Slaughter, said that the constitutional text clearly delineates the boundary between the president's power and Congress' power with respect to removal.
Historical evidence suggests that significant governmental authority was vested in commissions that were not subject to plenary presidential control. The solicitor general cited this evidence, but his opponent countered that this does not change the fact that Congress has created these agencies and sets their terms.
The court is now considering whether to overturn the 1938 decision or uphold it. The outcome of this case will have significant implications for the powers of independent agencies and the president's authority over them.
In a statement, Justice Sotomayor said: "You're asking us to destroy the structure of government... To take away from Congress its ability to protect its idea that a government is better structured with some agencies that are independent."
The court is also considering whether President Trump can fire officials from other independent agencies. The case has raised concerns about the balance of power between the president and Congress.
As the hearing continues, the justices will consider arguments on both sides of the issue. The outcome of this case could shape the country's understanding of the relationship between the executive and legislative branches of government for years to come.
Solicitor General John Sauer argued that the Humphrey's Executor precedent, established in 1938, must be overruled. The precedent states that the president requires Congress' signoff to fire an official from an independent government agency, and it needs to be "for cause". However, Mr Agarwal, arguing on behalf of Ms Slaughter, said that the constitutional text clearly delineates the boundary between the president's power and Congress' power with respect to removal.
Historical evidence suggests that significant governmental authority was vested in commissions that were not subject to plenary presidential control. The solicitor general cited this evidence, but his opponent countered that this does not change the fact that Congress has created these agencies and sets their terms.
The court is now considering whether to overturn the 1938 decision or uphold it. The outcome of this case will have significant implications for the powers of independent agencies and the president's authority over them.
In a statement, Justice Sotomayor said: "You're asking us to destroy the structure of government... To take away from Congress its ability to protect its idea that a government is better structured with some agencies that are independent."
The court is also considering whether President Trump can fire officials from other independent agencies. The case has raised concerns about the balance of power between the president and Congress.
As the hearing continues, the justices will consider arguments on both sides of the issue. The outcome of this case could shape the country's understanding of the relationship between the executive and legislative branches of government for years to come.