Independent Agencies Lose Their Independence in SCOTUS Decision
WASHINGTON, D.C. – The U.S. Supreme Court today issued its opinion in Trump v. Slaughter. The Slaughter decision overrules Humphrey’s Executor v. United States (1935), in which the Court held that the Constitution allows Congress to create independent agencies whose commissioners can be removed only “for cause” – that is, for inefficiency, neglect of duty, or malfeasance while in office. The Supreme Court took up the Slaughter case last year after President Donald Trump fired former Federal Trade Commission (FTC) Commissioner Rebecca Slaughter. In his email firing her, Trump did not cite any for cause removal criteria.
Robert Weissman, co-president of Public Citizen, released the following statement:
“Independent agencies are the guardians of American consumers, workers, and investors. They have held wealthy corporations that rip-off hardworking Americans accountable and forced dangerous products from the market. Having stripped most independent agencies of their independence, President Trump is already politicizing and weaponizing them, including agencies such as the FTC and the Federal Communications Commission (FCC), to the detriment of everyday Americans.”