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In Landmark Ruling, Supreme Court Affirms That Presidents Run The Executive Branch

‘Subordinates who exercise the President’s power are subject to removal by him. Then, and only then, can they remain accountable to the President, and the President to the people,’ wrote Chief Justice Roberts.

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In a win for separation of powers, the U.S. Supreme Court affirmed on Monday that presidents can remove members of so-called “independent agencies” like the Federal Trade Commission (FTC). The huge 6-3 decision along ideological lines overturns longstanding precedent first established in Humphrey’s Executor v. United States (1935).

Known as Trump v. Slaughter, the case centers around a challenge to Trump’s removal of Democrat Rebecca Slaughter from the FTC last year. While the high court initially granted the Trump administration’s request to temporarily pause a lower court blockade on Slaughter’s removal, it also agreed to take up and address whether existing statutory restrictions on the president’s ability to remove members of so-called “independent agencies” like the FTC violate existing separation of powers.

Writing for the majority, Chief Justice John Roberts noted how the FTC “has accumulated vast rulemaking, enforcement, and adjudicatory powers under more than 80 statutes” since its creation in 1914, and how it creates rules “that carry the force of law … [and] enforces those rules against private parties, collecting civil penalties in the billions of dollars.” He further underscored how such expansive powers belong to the FTC’s........

© The Federalist