The Supreme Court on Monday gave the president the authority to remove the leadership of most agencies that Congress had set up to act independently of presidential control. The ruling in Trump v. Slaughter may seem technical, but it represents a radical change in how our American government has functioned since the 1930s and, in some cases, since the founding, by creating agencies that operate with independence from presidential control and the expediency of presidential politics. Rather than allow Congress to decide how much control the president can exercise over an agency that Congress creates, the Supreme Court has seized that power for itself. Starting today, nine justices will decide which agency heads can be fired by the president and which cannot.

Today’s decision overturns a 91-year-old precedent, called Humphrey’s Executor, in which a unanimous Supreme Court upheld Congress’ authority to give independent commissioners protection from presidential removal. In his majority decision, Chief Justice Roberts derides this critical precedent while downplaying the gravity of overturning it. “If anything more is left of Humphrey’s, we overrule it,” Roberts stated in his 6-3 opinion joined by other GOP appointees. “Humphrey’s has for decades been a result in search of a rationale.”

“The one thing that does appear to be clear going forward is that chaos will follow.”

The decision stems from President Donald Trump’s illegal firing of Rebecca Slaughter, a President Joe Biden appointee to the Federal Trade Commission. At the onset of his second term, Trump began firing Democratic appointees to independent agencies in violation of federal law, which protected their removal except for sufficient cause. He removed Biden appointees at the National Labor Relations Board, the Merit System Protection Board, the Consumer Product Safety Commission, among others. These agencies are designed to be insulated from immediate presidential control. They are run by a bipartisan board of commissioners who serve staggered terms. And unlike appointees to cabinet departments, the president cannot remove them over policy differences. The power to remove is the power to control. An impending firing can sway the decision-making of commissioners—and if it doesn’t, they can get the boot.

In a blistering dissent, Justice Sonia Sotomayor warned that........

© Mother Jones