WASHINGTON (AP) — TheSupreme Courton Monday seemed likely to expand presidentialcontrol over independent federal agencies, signaling support for President Donald Trump's firing of board members.
The court's conservative majority suggested it would overturn a unanimous90-year-old decisionthat has limited when presidents can fire agencies' board members — in part to try to ensure decision making free of political influence — or leave it with only its shell intact.
Justice Brett Kavanaugh said the crux of the issue is that the officials who direct the agencies "are exercising massive power over individual liberty and billion-dollar industries" without being accountable to anyone.
Liberal justices warned that a ruling sought by the administration to overturn the decision known as Humphrey's Executor would give the president, as Justice Elena Kagan said, "massive unchecked, uncontrolled power."
Agencies that have been in place for a century or more also would be robbed of their expertise, Justice Ketanji Brown Jackson said.
"So having a President come in and fire all the scientists and the doctors and the economists and the PhDs and replacing them with loyalists and people who don't know anything is actually not in the best interest of the citizens of the United States," Jackson said.
No president before Trump has sought to wrest control of the agencies that regulate wide swaths of American life, including nuclear energy, product safety and labor relations. But the six conservatives, including three appointed by Trump, seemed more concerned about issuing a ruling that would endure than handing too much power to Trump.
Their rhetoric was reminiscent of the presidential immunity case in 2024 that allowed Trump to avoid prosecution for his efforts to undo the 2020 election results. The court is writing a decision "for the ages," Justice Neil Gorsuch said then.
Solicitor General D. John Sauer, who argued the immunity case for Trump, defendedthe president'sdecision to fire Federal Trade Commission memberRebecca Slaughterwithout cause and called on the court to jettison Humphrey's Executor.
Sauer said the decision "hasn't withstood the test of time" and had enabled a "headless fourth branch" of government, the administrative state that conservatives and business interests have been taking aim at for decades.
Chief Justice John Roberts referred to Humphrey's Executor as "a dried husk."
The conservative side of the court already has signaled support for the administration's position, over the liberals' objection, by allowing Slaughter and the board members of other agencies to be removed from their jobs even as their legal challenges continue.
Members of the National Labor Relations Board, the Merit Systems Protection Board and the Consumer Product Safety Commission also have been fired by Trump.
The only officials who have so far survived efforts to remove them areLisa Cook, a Federal Reserve governor, andShira Perlmutter, a copyright official with the Library of Congress. The court hassuggestedthat it will view the Fed differently from other independent agencies, and Trump has said he wants her out because ofallegations of mortgage fraud. Cook says she did nothing wrong.
A second question in the Slaughter case could affect Cook. Even if a firing turns out to be illegal, the court wants to decide whether judges have the power to reinstate someone.
Gorsuch wrote earlier this year that fired employees who win in court can likely get back pay, but not reinstatement.
That might affect Cook's ability to remain in her job. The justices have seemed wary about the economic uncertainty that might result if Trump can fire the leaders of the central bank. The court will hear separate arguments in January about whether Cook can remain in her job as her court challenge proceeds.
Kavanaugh signaled that he is inclined to side with Cook, describing as an "end run" the idea that an illegally fired official would only be entitled to her salary.
Under Roberts' leadership, the court has issued a series of decisions dating back to 2010 that have steadily whittled away at laws restricting the president's ability to fire people.
In 2020, Roberts wrote for the court that "the President's removal power is the rule, not the exception" in a decision upholding Trump's firing of the head of the Consumer Financial Protection Bureau despite job protections similar to those upheld in Humphrey's case.
In the 2024 immunity decision, Roberts included the power to fire among the president's "conclusive and preclusive" powers that Congress lacks the authority to restrict.
The court also was dealing with an FTC member who was fired, by President Franklin Roosevelt in 1935, who preferred his own choice at an agency that would have a lot to say about the New Deal.
William Humphrey refused Roosevelt's request for his resignation. After Humphrey died the next year, the person charged with administering his estate, Humphrey's executor, sued for back pay.
The justices unanimously upheld the law establishing the FTC and limiting the president to removing a commissioner only for "inefficiency, neglect of duty, or malfeasance in office."
WASHINGTON (AP) — TheSupreme Courton Monday seemed likely to expand presidentialcontrol over independent federal agencies...
