Politics
Supreme Court sounds ready to give Trump power to oust officials of independent agencies
WASHINGTON — The Supreme Court’s conservatives sounded ready on Monday to overrule Congress and give President Trump more power to fire officials at independent agencies and commissions.
The justices heard arguments on whether Trump could fire Rebecca Slaughter, one of two Democratic appointees on the five-member Federal Trade Commission.
The case poses a clash between Congress’ power to structure the government versus the president’s “executive power.”
A ruling for Trump portends a historic shift in the federal government — away from bipartisan experts and toward more partisan control by the president.
Trump’s Solicitor General D. John Sauer said the court should overturn a 1935 decision that upheld independent agencies. The decision “was grievously wrong when decided. It must be overruled,” he told the court.
The court’s three liberals strongly argued against what they called a “radical change” in American government.
If the president is free to fire the leaders of independent agencies, they said, the longstanding civil service laws could be struck down as well.
It would put “massive, uncontrolled and unchecked power in the hands of the president,” Justice Elena Kagan said.
But the six conservatives said they were concerned that these agencies were exercising “executive power” that is reserved to the president.
It was not clear, however, whether the court will rule broadly to cover all independent agencies or focus narrowly on the FTC and other similar commissions.
For most of American history, Congress has created independent boards and commissions to carry out specific missions, each led by a board of experts who were appointed with a fixed term.
But the court’s current conservative majority has contended these commissions and boards are unconstitutional if their officials cannot be fired at will by a new president.
Past presidents had signed those measures into law, and a unanimous Supreme Court upheld them 90 years ago in a case called Humphrey’s Executor vs. U.S.
In creating such bodies, Congress often was responding to the problems of a new era.
The Interstate Commerce Commission was created in 1887 to regulate railroad rates. The FTC, the focus of the court case, was created in 1914 to investigate corporate monopolies. The year before, the Federal Reserve Board was established to supervise banks, prevent panics and regulate the money supply.
During the Great Depression of the 1930s, Congress created the Securities and Exchange Commission to regulate the stock market and the National Labor Relations Board to resolve labor disputes.
Decades later, Congress focused on safety. The National Transportation Safety Board was created to investigate aviation accidents, and the Consumer Product Safety Commission investigates products that may pose a danger. The Nuclear Regulatory Commission protects the public from nuclear hazards.
Typically, Congress gave the appointees, a mix of Republicans and Democrats, a fixed term and said they could be removed only for “inefficiency, neglect of duty or malfeasance in office.”
Slaughter was first appointed by Trump to a Democratic seat and was reappointed by President Biden in 2023 for a seven-year term.
But conservatives often long derided these agencies and commissions as an out-of-control “administrative state,” and Chief Justice John G. Roberts Jr. said he believes their independence from direct presidential control is unconstitutional.
“The President’s power to remove — and thus supervise — those who wield executive power on his behalf follows from the text” of the Constitution, he wrote last year in his opinion, which declared for the first time that a president has immunity from being prosecuted later for crimes while in office.
Roberts spoke for a 6-3 majority in setting out an extremely broad view of presidential power while limiting the authority of Congress.
The Constitution in Article I says Congress “shall have the power…to make all laws which shall be necessary and proper for carrying into execution…all other powers vested” in the U.S. government. Article II says, “the executive power shall be vested in a President of the United States.”
The current court majority believes that the president’s executive power prevails over the power of Congress to set limits by law.
“Congress lacks authority to control the President’s ‘unrestricted power of removal’ with respect to executive officers of the United States,” Roberts wrote last year in Trump vs. United States.
Four months later, Trump won reelection and moved quickly to fire a series of Democratic appointees who had fixed terms set by Congress. Slaughter, along with several other fired appointees, sued, citing the law and her fixed term. They won before federal district judges and the U.S. Court of Appeals.
But Trump’s lawyers filed emergency appeals at the Supreme Court, and the justices, by 6-3 votes, sided with the president and against the fired officials.
In September, the court said it would hear arguments in the case of Trump vs. Slaughter to decide on whether to overturn the Humphrey’s Executor decision.
At the time, conservatives applauded the move. “For far too long, Humphrey’s Executor has allowed unaccountable agencies like the FTC to wield executive power without meaningful oversight,” said Cory Andrews, general counsel for the Washington Legal Foundation.
In defense of the 1935 decision, law professors noted the court said that these independent boards were not purely executive agencies, but also had legislative and judicial duties, like adopting regulations or resolving labor disputes.
During Monday’s argument, Justice Ketanji Brown Jackson said the principle of “democratic accountability” called for deferring to Congress, not the president.
“Congress decided that some matters should be handled by nonpartisan experts. They said expertise matters with respect to the economy and transportation. So having the president come in and fire all the scientists and the doctors and the economists and the PhDs and replacing them with loyalists is actually is not in the best interest of the citizens of the United States,” she said.
But that argument gained no traction with Roberts and the conservatives. They said the president is elected and has the executive authority to control federal agencies.
The only apparent doubt involved the Federal Reserve Board, whose independence is prized by business. The Chamber of Commerce said the court should overrule the 1935 decision, but carve out an exception for the Federal Reserve.
Trump’s lawyer grudgingly agreed. If “an exception to the removal power exists,” he wrote in his brief in the Slaughter case, it should be “an agency-specific anomaly” limited to the Federal Reserve.
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Sen. Ron Wyden, D-Ore., suddenly found himself on the defensive at a budget hearing on Wednesday when, amid levying accusations of the Trump administration’s “corrupt” dealings, Treasury Secretary Scott Bessent fired back by bringing Wyden’s son’s investments into the exchange.
“We would like to hear what Adam Wyden and Jeffrey Epstein talked about,” Bessent said, referring to unearthed emails drawing a connection between the senator’s son and the disgraced financier.
“Did your son and Jeffrey Epstein talk about pole dancing as he begged him for money?”
The moment continues the political fallout for the many names associated with Epstein that — despite not amounting to proof of wrongdoing — continue to prompt embarrassment and scandal at even the smallest mention.
TOP FIERY MOMENTS AS DEMOCRATS CLASH WITH TREASURY SECRETARY BESSENT IN CHAOTIC HILL HEARINGS
Treasury Secretary Scott Bessent, left, pictured along Sen. Ron Wyden, D-Ore, right. (Aaron Schwartz/Bloomberg via Getty Images; Chip Somodevilla/Getty Images)
Epstein, a former financier, died while in prison on charges of sex trafficking minors in 2019, leaving behind questions of whether he facilitated illegal sexual encounters for his vast network of rich and powerful figures.
Amid public demands for transparency on the matter, the Department of Justice released troves of documents on Epstein late last year, unveiling a slew of new names with all manner of ties to the infamous figure ranging from purely innocuous to alarming.
Among them, emails surfaced indicating that Adam Wyden, Ron Wyden’s son, went to Epstein, hoping to gain his support for a business venture.
UNEARTHED EMAILS REVEAL DEM SENATOR’S SON WANTED EPSTEIN TO JOIN HIS FUND: ‘ENJOYED OUR CONVERSATION’
Sen. Ron Wyden leaves a Senate Democratic meeting at the U.S. Capitol Building in Washington, D.C., on Oct. 3, 2025, as the federal government shuts down after Congress and the White House failed to reach a funding deal. (Kevin Dietsch/Getty Images)
“Jeffrey, I wanted to thank you for taking the time to meet with me. I thoroughly enjoyed our conversation and hope my passion and dedication for my business came through in the meeting. I live and breathe this business and take my returns, integrity and reputation quite seriously,” the younger Wyden said in an email in April 2016.
“I intensely appreciate like-minded individuals and would very much look forward to having you join us at the fund.”
The emails came after Epstein pleaded guilty to soliciting a minor for prostitution in Florida in 2008.
It’s unclear what the business venture discussed by Adam Wyden and Epstein may have been or what, specifically, had been discussed in their conversations.
Even so, Bessent reminded viewers that the younger Wyden had a history of investing in off-color markets at Wednesday’s hearing.
DEMOCRATS ARE HAMMERING REPUBLICANS ON EPSTEIN, BUT ONE SENATOR BRUSHED OFF THE ISSUE YEARS AGO
Treasury Secretary Scott Bessent addresses a press conference in Rosenbad after trade talks between the U.S. and China concluded in Stockholm, Sweden, on July 29, 2025. (Magnus Lejhall/TT News Agency/AFP via Getty Images)
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“Your son’s largest investment position was Rick’s Cabaret,” Bessent said, referring to a series of strip clubs.
Wyden, who has widely panned the Trump administration and its many officials for their own connections to Epstein, didn’t respond to Bessent’s jabs.
As election officials continued tallying ballots Wednesday, Republican Steve Hilton and Democrat Xavier Becerra continued to lead in the unsettled race to replace termed-out Gov. Gavin Newsom, with billionaire Democrat Tom Steyer hoping for a surge in late-arriving votes to push him into one of the top-two spots to advance to the November general election.
Hilton, a British immigrant and former Fox News commentator, told reporters outside the state Capitol in Sacramento Wednesday morning that he was “very encouraged” by the latest results, though he stopped short of declaring victory.
“It does look as if change is coming to California, and that is good news for everyone, every small business, every working family, everyone who wants to see our state set back on track,” he said.
Becerra and Steyer did not hold public events as of Wednesday afternoon.
Election data analyst Paul Mitchell said it would be nearly mathematically impossible for Steyer to close the gap.
“As we start to get more data, the runway is going to get shorter and shorter,” he said.
He said Steyer, to finish in the top two in the primary, would have to get about 30% of the remaining uncounted votes while Becerra would need to be limited to 15%. The self-funded billionaire has “a very high hill to overcome, and the challenge gets steeper and steeper as we get more data from the counties,” Mitchell said.
Once mired near the bottom of a crowded pack of Democrats in opinion polls, Becerra, a former Biden administration cabinet member, rocketed ahead of his rival candidates after former Rep. Eric Swalwell dropped out of the race in April amid allegations of sexual assault and misconduct. The scandal triggered an upswing of voter interest in California’s once sluggish governor’s race and in Becerra, who seized the moment.
“Here in Hollywood’s hometown, we love a good underdog story,” Becerra told cheering supporters at his election night party at La Plaza de Cultura y Artes in downtown Los Angeles.
Becerra spoke about his Mexican immigrant parents and becoming the first in his family to attend college. Though a longtime California politician, Becerra said that his campaign for governor was outspent and that he faced calls to drop out of the race.
“The underdog stayed in the fight,” he said. “Like my parents, I never gave up. … Never stopped believing in the beacon-light goodness of California and thankfully, neither did you.”
Steyer, who spent more than $216 million of his wealth on the race, has not conceded defeat.
His campaign manager, Heather Hargreaves, wrote in a letter to supporters Wednesday that “we’re going to give democracy time to work. County election officials are still counting ballots and don’t expect to know how many people voted in total until” Thursday, when officials are required to report the estimated number ballots left to process.
The billionaire former hedge fund owner campaigned against the corporate and special interests that have a powerful presence in Sacramento and often spend heavily in elections, including this year against Steyer.
Billionaires “do everything they can to hoard their wealth and avoid paying taxes, and we see corporations continue to rig the system for themselves — raising your prices to juice their profits. Screw that,” Steyer said at his election watch party at the Regency Ballroom in San Francisco.
Other candidates in the race included Republican Riverside County Sheriff Chad Bianco and Democrats including former Rep. Katie Porter, San José Mayor Matt Mahan, former Los Angeles Mayor Antonio Villaraigosa and state Supt. of Public Instruction Tony Thurmond.
Villaraigosa, Mahan and Porter conceded the race Tuesday night.
California’s 2026 race for governor started slow but ended with a flourish, including the demise of a scandal-ridden Democratic favorite, the anointing of a Republican by Trump and Becerra’s unexpected rise from the depths of the candidate field.
Unlike gubernatorial elections in the last quarter of a century, this year’s race lacked a clear crowd-pleasing front-runner able to win over voters, such as movie star Arnold Schwarzenegger or Jerry Brown, a sage of the California electorate and scion of a storied political family. But it unfolded at a time when the state’s residents are overwhelmed by high housing costs, steep gas prices and overall unaffordability that threatens the “California dream” that once drew millions of people to the state.
“Normal people are not living and breathing politics on a daily basis,” said Tim Rosales, a strategist who ran Republican John Cox’s unsuccessful 2018 gubernatorial campaign. In today’s information-saturated environment, Rosales said, the race and its roster of “extremely milquetoast candidates” didn’t break through until the Swalwell scandal grabbed voters’ attention.
The 2026 gubernatorial primary has been one of the most unpredictable and expensive in decades and a race that was shaped early on by a number of heavyweight Democrats staying on the sidelines.
Though supporters urged them to run, former Vice President Kamala Harris, Sen. Alex Padilla and Atty. Gen. Rob Bonta passed on the race. It was in a state of limbo for months last year as Harris, one of the state’s most high-profile politicians, weighed whether to jump in.
“I don’t ever recall a playing field that looks like this one. Usually there’s a clear front-runner,” said veteran Democratic strategist Darry Sragow. “It’s easy to say that it reflects a lack of talent [but] that’s absolutely not true. Almost any of the candidates running could make a good governor.”
Still, candidates struggled for months to break through to voters.
In February, polls showed the crowded field of Democrats splitting liberal voters and opening a statistical possibility that the party would be boxed out of November under California’s open, top-two primary, which places all candidates on the same ballot. Only the first- and second-place finishers in the primary advance to the general election, regardless of their party affiliation.
Just when Swalwell appeared on the cusp of becoming the Democratic front-runner the San Francisco Chronicle and CNN published allegations that he sexually assaulted a former staffer and acted inappropriately with other women. Swalwell suspended his campaign.
It was Becerra who benefited the most. In less than two months, he vaulted from polling in the low single digits to the top of the field of candidates, according to surveys conducted by UC Berkeley’s Institute of Governmental Studies that were co-sponsored by the Los Angeles Times.
“Becerra caught lightning in a bottle,” Rosales said. “It could have easily gone to any of the other candidates,” but many had baggage. Videos of Porter losing her temper hurt her image, the source of Steyer’s wealth and his unbridled campaign spending weighed on voters’ minds, and Villaraigosa and Mahan were “more centrist than what most Democrats wanted, and so Xavier Becerra was really the safe choice,” Rosales said.
Before Democratic voters began to narrow down their choices, Trump endorsed Hilton in early April. It helped the former Fox News host break away from Bianco, his main GOP rival.
In the days before the primary election, the race solidified into a three-way contest involving Becerra, Steyer and Hilton.
Steyer stepped up his fight in the remaining days, seeking to squeeze into one of the top two spots by battering Becerra in ads and at campaign rallies as a politician propped up by corporate special interests.
“We cannot afford to have a governor who’s been bought off by Big Oil. Period,” he said at a Sunday rally in Los Angeles.
Corporations, along with labor unions and interest groups including the California Assn. of Realtors, had spent more than $18.7 million to boost Becerra, according to the election spending tracker California Target Book. Many of the same groups also gave money to a committee intended to attack Steyer.
As the election neared, Becerra sharpened his attacks against Steyer, calling the billionaire a “liar” and accusing him of trying to buy the election.
“We are not going to let a billionaire or Trump’s handpicked candidate take over this state,” he said during a Sunday rally in Long Beach.
If Becerra faces off with Hilton in November he’ll have a distinct advantage. Democratic voters outnumber Republicans nearly 2 to 1 in left-leaning California.
Winning the general election would make the 68-year-old Becerra the first elected Latino governor of California. At roughly 40% of the state’s population, Latinos are California’s largest ethnic group but have not been represented in the governor’s mansion since 1875, when then-Lt. Gov. Romualdo Pacheco was elevated to fill a 10-month vacancy.
Times staff writers Iris Kwok, Susanne Rust, Andrew Khouri and Christopher Goffard contributed to this report.
new video loaded: Steve Hilton Holds Slim Early Lead in California Governor’s Race
transcript
transcript
Steve Hilton Holds Slim Early Lead in California Governor’s Race
Steve Hilton, a Republican and former Fox News host, held a narrow lead in early votes over two Democratic opponents in California’s nonpartisan primary for governor. The top two candidates will advance to the general election in November.
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“Change is coming to California, and it’s long overdue. I want to just say something from my heart to every single person who’s voted for me. We’re not — We’re not there yet, but it’s looking good.” [cheers] “Tonight, the people of the great state of California, in the greatest nation on earth, have spoken. [cheers] Loudly and proudly. [cheers] And while I take nothing for granted, there are lots of ballots left to be counted, it appears that we are on track to advance to November.” [cheers] “It might take some time to figure out where this is going. We’re going to wait until every ballot is counted. We’re going to give democracy a time to work, and we know we finished really strong.” [cheers]
By Axel Boada
June 3, 2026
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