What's Happening?
The U.S. Supreme Court has announced it will review a 90-year-old precedent that protects independent agency officials from being directly controlled by the president. This decision follows a series of actions by the court's conservative majority, which has supported President Trump's removal of Democratic appointees from various boards, including the National Labor Relations Board and the Federal Trade Commission. The court's upcoming review will focus on whether the statutory removal protections for members of the Federal Trade Commission violate the separation of powers, potentially overturning the 1935 Humphrey's Executor decision. This case is set to be argued in December.
Why It's Important?
The Supreme Court's decision to revisit this precedent could significantly alter the balance of power between the executive branch and independent federal agencies. If the court rules in favor of the president's authority to remove officials, it could lead to increased executive control over agencies traditionally insulated from political influence. This shift could impact how these agencies operate and their ability to function independently, affecting regulatory practices across various sectors. The decision could also set a precedent for future administrations, altering the landscape of federal governance.
What's Next?
The Supreme Court is scheduled to hear arguments in December, and the outcome could prompt reactions from Congress, which has historically structured these agencies to operate independently. Lawmakers may seek to introduce new legislation to protect agency independence, depending on the court's ruling. Additionally, the decision could influence how future presidents approach appointments and removals within federal agencies.
