The Supreme Court said Monday it will consider expanding President Donald Trump’s power to shape independent agencies by overturning a nearly century-old decision limiting when presidents can fire board members.
The justices have allowed the Republican president to carry out some high-profile firings while lawsuits play out, signaling the conservative majority is poised to overturn or narrow a 1935 Supreme Court decision that found commissioners can only be removed for misconduct or neglect of duty.
The high court agreed to take up the case of Rebecca Slaughter, a Democratic member of the Federal Trade Commission who was reinstated by lower courts under a 90-year-old ruling known as Humphrey’s Executor. In that case, the court sided with another FTC commissioner who was fired by Franklin D. Roosevelt as the president worked to implement the New Deal. The justices unanimously found commissioners can be removed only for misconduct or neglect of duty.
(AP)
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If they are willing to reconsider this (probably wrongly decided) decision from the New Deal Era, will they also be willing to consider the (probably wrongly decided) decision from the same era that allowed for the existence of the Social Security system? It also should be remembered that ruling that a president’s “executive order” (which is not the equivalent of a law) is not the same as declaring an act of Congress to be “unconstitutional”!