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The Supreme Court has agreed to hear a case challenging President Donald Trump's authority to fire members of the Federal Trade Commission (FTC), questioning a precedent set in 1935. This decision could redefine the balance of power between the presidency and independent federal agencies.
The case focuses on whether the court should overturn the Humphrey's Executor v. United States decision, which limited presidential power to remove FTC members without cause. The Supreme Court's conservative majority has shown skepticism toward such restrictions, suggesting a potential shift in long-standing legal interpretations.
The immediate issue arose when Trump dismissed Rebecca Kelly Slaughter, an FTC commissioner appointed by former President Joe Biden. A federal district court ruled in July that her firing was illegal, and the U.S. Court of Appeals for the District of Columbia upheld this decision. However, the Supreme Court temporarily allowed Trump's action pending further review.
Justice Elena Kagan, along with Justices Sonia Sotomayor and Ketanji Brown Jackson, dissented, arguing that the court's decision undermines agency independence and congressional intent. Justice Kagan emphasized that the emergency docket should not be used to alter established precedents or shift governmental power from Congress to the president.
The court will hear arguments in December, with the outcome potentially affecting not only the FTC but other independent agencies as well. The case highlights ongoing tensions over executive power and the structure of federal governance, with implications for the separation of powers in the United States.