Justice Neil Gorsuch's Opinion Highlights Risks for Businesses Out of Favor with White House
Justice Neil Gorsuch, an Associate Justice of the U.S. Supreme Court, has articulated concerns regarding the vulnerability of businesses that fall out of favor with the party controlling the White House. His comments, made in support of the ruling in *Trump v. Slaughter*, underscore a significant shift in the balance of power between the executive branch and independent agencies. This ruling allows the president to remove commissioners of independent agencies at will, overturning a precedent established in 1935. Gorsuch specifically questioned whether a business disfavored by the White House could withstand simultaneous scrutiny from multiple federal bodies, such as an FTC rule outlawing a long-standing practice, an in-house OSHA proceeding, and a prosecution announced by the SEC. This scenario suggests a potential for the executive branch to exert considerable pressure on businesses through regulatory and enforcement actions, raising questions about the independence of these agencies and the fairness of t...