Justice Gorsuch's Concurrence in Trump v. Slaughter Signals Potential Shift in Separation of Powers
Supreme Court Justice Neil Gorsuch issued a significant concurrence in the case of Trump v. Slaughter, aligning with the majority decision that affirmed the President's authority to remove the head of the Federal Trade Commission (FTC). The ruling indicates that federal entities previously considered 'independent' will now face increased presidential oversight. Gorsuch's concurrence delves into the historical and ideological origins of independent agencies, suggesting they arose from a Progressive Era philosophy that challenged the constitutional separation of powers. He argues that these 'fourth-branch' entities were designed to operate outside the traditional three-branch structure. While the majority opinion focused on the expansion of presidential power over executive functions, Gorsuch's opinion extends this discussion to question the permissibility of agencies exercising legislative and judicial powers independently of Congress and the courts, respectively. He implies that if executive power must be ... 
