Trump's FTC firings challenge Supreme Court precedent

npr.org

President Trump has fired two Democratic members of the Federal Trade Commission (FTC), which sparked backlash from critics who see it as an abuse of power. Trump maintains he has the authority to dismiss these officials. The firings are part of a broader trend, as he has removed other Democratic members from various independent agencies, leading to legal challenges in federal courts. These dismissals may soon reach the Supreme Court, as the fired commissioners plan to sue. Lower courts have ruled that Trump's earlier firings of Democratic commissioners at other agencies were unlawful. Lawmakers from both parties are urging Trump to reverse the FTC firings, arguing that it undermines the bipartisan nature of independent commissions and goes against a 90-year-old Supreme Court ruling. The Supreme Court's 1935 decision in Humphrey's Executor v. United States established that presidents can only fire members of independent agencies for specific reasons, such as misconduct. However, the current conservative majority in the court may challenge this precedent, especially given the Trump administration’s claims that these agencies possess significant executive power. The Justice Department argues that independent agencies like the FTC should not be protected from presidential dismissal, suggesting that their power has grown beyond the historical scope intended by Congress. Critics, including legal scholars, warn that overturning the 90-year-old ruling could destabilize key agencies, like the Federal Reserve, which play vital roles in the economy. Trump's recent actions indicate a willingness to reshape the regulatory landscape. The consequences of these firings could extend beyond political affiliations, potentially threatening consumer protections and economic stability in the U.S. Observers say that if such independence erodes, the implications for ordinary Americans and their financial well-being could be severe.


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