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Posted on 12/08/2025 11:02:54 AM PST by CaptainK
The Supreme Court on Monday appeared poised to side with President Donald Trump and allow him to fire a member of the Federal Trade Commission without cause, a provocative move aimed at upending the long-standing concept of independent federal agencies.
In a significant case on the structure of the federal government, the conservative-majority court heard oral arguments on whether Trump had the authority to fire Rebecca Kelly Slaughter notwithstanding a law enacted by Congress to insulate the agency from political pressures.
The 1914 law that set up the FTC says members can be removed only for “inefficiency, neglect of duty, or malfeasance in office.”
The court, which has a 6-3 conservative majority, has already signaled, with strong opposition from the three liberal justices, that Trump is likely to win the case by allowing Slaughter, a Democrat, to be removed from office while the litigation continues.
A ruling in Trump's favor would have broad repercussions, not just for the FTC but also for a host of other federal agencies set up by Congress with similar removal restrictions, by giving presidents greater authority over them.
In addition to permitting Trump to fire Slaughter, the Supreme Court also allowed firings at some of the other affected agencies, further signaling that the majority favors Trump’s position.
There was little sign during Monday's oral argument that the conservative majority would change its course, although some justices suggested some limitations on the president's removal powers, especially as it relates to the Federal Reserve, which is the subject of separate litigation. The liberal justices remained united against the government's arguments.
In ruling for Trump, the court could overturn a 1935 Supreme Court ruling called Humphrey’s Executor v. United States, which upheld those restrictions on the president’s power to fire FTC members.
(Excerpt) Read more at nbcnews.com ...
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there are only 3 branches of government. So government agencies if they are not under the judical, or congressional, they are under the executive. And if they are under the executive, they are subject to the presidents will.
“appears”
YAWN
Phone me when the affected bureaucrats exit their buildings.
The 1935 Supreme Court precedent they could overturn literally admitted it was sanctioning the de facto creation of a fourth branch of the federal government - no Constitutional amendment process just FDR activist legislators and progressive activist judges.
The MSM insists on always saying this, as it appeals to their base readers. At best the court is 5-3-1 (Conservative-Liberal-middle roader). Just because a Rep. President selected a Justice, does not mean that Justice can forever be deemed a "conservative".
Roberts is not conservative.
Agreed.
There is so much winning going on that doomspoogers everywhere are now becoming ridiculous with “Why hasn’t X been arrested?” or “why hasn’t the economy dropped to zero unemployment?”
However, I despise this headline as I’ve said many times.
“poised to”
“about to”
“might”
“Prepared to”
“contemplating”
“considering”
THESE AREN’T NEWS TERMS. NOTHING HAS HAPPENED.
Roberts, like W who appointed him, is a RINO at best.
> …members can be removed only for “inefficiency, neglect of duty, or malfeasance in office.” <
And who is to decide if a commissioner is efficient or inefficient? Well, that would be the president. Even the liberal justices should see that. (But of course they won’t.)
On a personal anecdote, my FIL has mostly changed his Trump ranting to ranting about the Supreme Court. LOL
The “concept” of a “Federal Independent Agency” is the whole reason why this nation is in the mess that it is in. Max Weber wrote about this more than 100 years ago and it is spot on the money.
All functions of Government, except for the legislative and judicial facets must be accountable to the President. If not, then we are in very big trouble.
That’s a very important ruling, because it came in response to a motion for a temporary restraining order by the fired FTC person. The Supreme Court rejected her request for reinstatement while the case proceeds — which meant they did not accept her legal argument on a critical point of her case. In order to successfully petition a court for a temporary restraining order in an ongoing case, the petitioner would first have to demonstrate that she was likely to win the case eventually. Clearly, the Supreme Court didn’t buy that argument up front.
I hope they clarify this problem and allow him to fire ahos from all agencies. Especially the Yogi Bear Pine Cone Rangers. Those faggots think they need a Union. If they need a union, they DON’T NEED a government job.
Of course they won't. The liberal justices will conclude that the removal statute creates a vested right that requires "due process" prior to removal, which means that a federal judge or administrative law judge -- appointed by Obiden -- will decide the issue.
Exactly. If you are not appointed to the Supreme Court or elected to Congress you belong to the Chief Executive - President Trump.
The lack of civics teaching in school is a big part of how and why we are where we are.
“. . . there are only 3 branches of government. So government agencies if they are not under the judical, or congressional, they are under the executive. And if they are under the executive, they are subject to the presidents will.”
______________________________________________________
Every government agency is DEpendent, on either the executive or legislative branch. There is no such animal as a so-called independent agency. Unfortunately, when they regain power, the DIMS will use this power horribly.
It should be remembered that this ruling is not pro Trump it is pro clarifying the Executive Branch authority found in the Constitution. The SCOTUS is not just doing this for Trump but for future presidents too.
Independent of the voters. They should never have been permitted in the first place.
they were already using the power of these supposedly independent agencies horribly.
they have been using them to create laws without congress approval for 70+ years. The only new power here would be the power to fire. But why would liberals fire government employees? This is not a fear of mine
The lack of teaching in school of the THE U.S. CONSTITUTION AS WRITTEN AND ORIGNALLY UNDERSTOOD AND INTENDED...
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