Connect with us

Politics

Supreme Court sounds ready to give Trump power to oust officials of independent agencies

Published

on

Supreme Court sounds ready to give Trump power to oust officials of independent agencies

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.

Advertisement

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.

Advertisement

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.

Advertisement

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.

Advertisement

“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.

Advertisement

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.

Advertisement

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.

Advertisement

Politics

Trump says no need to invoke Insurrection Act ‘right now’ amid anti-ICE unrest in Minnesota

Published

on

Trump says no need to invoke Insurrection Act ‘right now’ amid anti-ICE unrest in Minnesota

NEWYou can now listen to Fox News articles!

President Donald Trump on Friday said there wasn’t a reason, in the present, to invoke the Insurrection Act, as agitators continue to clash with federal immigration authorities carrying out enforcement operations in Minneapolis. 

Trump was departing the White House when he was asked about the 1807 law, which he threatened to invoke earlier this week. 

“I believe it was Bush, the elder Bush, he used it, I think 28 times,” Trump told reporters. “It’s been used a lot. And if I needed it, I’d use it. I don’t think there’s any reason right now to use it, but if I needed it, I’d use it. It’s, very powerful.”

The law allows the president to deploy the military to suppress rebellions and enforce federal laws. It would grant Trump the authority to federalize the National Guard and deploy active duty forces to restore order. It would temporarily override the Posse Comitatus Act, which normally restricts the use of the military for domestic law enforcement. 

Advertisement

MINNEAPOLIS POLICE CHIEF SAYS IF RHETORIC KEEPS ESCALATING ‘WE ARE HEADED TOWARDS YET ANOTHER TRAGEDY’

President Donald Trump sits at the Resolute desk in the Oval Office. On Friday, Trump said Minnesota officials had lost control amid anti-ICE unrest. (Yuri Gripas/Abaca/Bloomberg via Getty Images)

The law reportedly hasn’t been invoked since the 1992 Los Angeles riots, which began after four police officers were acquitted in the beating of Rodney King.

Despite Trump’s threat, some Republicans are resistant to the idea of using the centuries-old law. 

Senate Majority Leader John Thune, R-S.D., seemed to downplay Trump’s threat, placing his hope in local law enforcement’s ability to “settle things down.”

Advertisement

“Hopefully the local officials working with not only the federal law enforcement, ICE and other agencies, but also the local law enforcement officials will be able to settle things down,” Thune told reporters.

Senate Armed Services Committee Chair Roger Wicker, R-Miss., cast doubt on whether it would be appropriate to invoke the act, according to The Hill.

Law enforcement officers stand amid tear gas at the scene of a reported shooting in Minneapolis on Jan. 14. (AP Photo/Adam Gray)

Sen. Lisa Murkowski, R-Ala., also expressed her concerns about the move, saying that the administration needs to be “very careful,” The Hill reported.

In a Truth Social post on Friday, Trump said “Troublemakers, Agitators, and Insurrectionists” that have been seen violently confronting federal officers are “highly paid professionals” in many cases.

Advertisement

“The Governor and Mayor don’t know what to do, they have totally lost control,” he wrote. “If, and when, I am forced to act, it will be solved, QUICKLY and EFFECTIVELY! President DJT.”

WHITE HOUSE BLAMES DEMOCRATS FOR ICE VIOLENCE AS MINNEAPOLIS ERUPTS, INSURRECTION ACT THREAT LOOMS

A Border Patrol Tactical Unit agent sprays pepper spray into the face of a protester attempting to block an immigration officer’s vehicle in Minneapolis, Minnesota, on Jan. 7. (Alex Kormann/The Minnesota Star Tribune via Getty Images)

Fox News Digital has reached out to the offices of Minnesota Gov. Tim Walz and Minneapolis Mayor Jacob Frey. 

Trump has accused Walz, Frey and other local leaders of inflaming tensions and has blamed dangerous rhetoric for the doxxing and violence directed at U.S. Immigration and Customs Enforcement (ICE) agents. 

Advertisement

On Thursday, he threatened to invoke the Insurrection Act if the violence continued in Minnesota. 

CLICK HERE TO DOWNLOAD THE FOX NEWS APP 

“If the corrupt politicians of Minnesota don’t obey the law and stop the professional agitators and insurrectionists from attacking the Patriots of I.C.E., who are only trying to do their job, I will institute the INSURRECTION ACT, which many Presidents have done before me, and quickly put an end to the travesty that is taking place in that once great State,” Trump wrote on Truth Social.
 

Continue Reading

Politics

Wildfire victims decry state law protecting utilities from cost of disasters they cause

Published

on

Wildfire victims decry state law protecting utilities from cost of disasters they cause

A year after the Eaton fire, survivors and the state’s electric utilities are clashing over whether state law should continue to protect the companies from the cost of disastrous wildfires they ignite.

Southern California Edison says that with the help of those state laws it expects to pay little or even none of the damage costs of the Eaton fire, which its equipment is suspected of sparking.

But in recent filings to state officials, fire victims and consumer advocates say the law has gone too far and made the utilities’ unaccountable for their mistakes, leading to even more fires.

“What do you think will happen if you constantly protect perpetrators of fires,” said Joy Chen, executive director of the Eaton Fire Survivors Network.

Advertisement

At the same time, Edison and the state’s two other big for-profit electric companies are lobbying state officials for even more protection from the cost of future fires to reassure their investors.

If government investigators find Edison’s equipment ignited the Eaton fire, at least seven of the state’s 20 most destructive wildfires would have been caused by the three utilities’ equipment.

The debate over how far the state should go to protect the electric companies from the cost of utility-sparked wildfires is playing out in Sacramento at the California Earthquake Authority. The authority is managing a broad study, ordered by Gov. Gavin Newsom, aimed at determining how to better protect Californians from catastrophic wildfires.

Chen said she was concerned by a meeting this month that she and another survivor had been invited to by authority officials and consultants they had hired to work on the study.

She said a primary focus of the discussion was how to shield utilities and their shareholders from the damages of future fires, rather than on the costs to survivors and other Californians “living with the consequences of utility-caused fires.”

Advertisement

Chen later sent authority officials an email pointing to a Times story that detailed how four of five top executives at Edison International were paid higher bonuses the year before the Eaton fire even as the number of fires sparked by the utility’s equipment soared.

“The predictable outcome of continuing to protect shareholders and executives from the consequences of their own negligence is not theoretical. It is observable. More catastrophic fires,” she wrote.

“The Eaton Fire was the predictable outcome of this moral hazard,” she added.

An authority spokesman said Chen and other wildfire victims’ perspectives were “invaluable” to officials as they complete the study that is due April 1.

He said the authority had made “no foregone conclusions” of what the report will say.

Advertisement

Pedro Pizarro, chief executive of Edison International, told the Times last month that he disagreed strongly with claims that state law had gone too far in protecting utilities.

“The law keeps us very accountable,” Pizarro said. He added that the laws were needed to shield utilities from bankruptcy, which could drive electric bills higher.

In December, Edison and the two other utilities told authority officials in a filing that they and their shareholders shouldn’t have to pay any more into the state wildfire fund, which was created to pay for the damages of utility-caused fires.

So far, electric customers and utility shareholders have split the cost of the fund.

The companies said that making their shareholders contribute more to the fund “undermines investor confidence in California utilities.”

Advertisement

They proposed that officials instead find a new way to help pay for catastrophic fires, possibly using state income taxes, which require the wealthy to pay a higher share.

“Instead of relying on an increase in utility bills to cover extreme catastrophic losses, something that disproportionately impacts lower-income Californians, this system could share costs more equitably across society,” the three companies wrote.

While the investigation into the cause of the Eaton fire has not yet been released, Edison has said a leading theory is that a century-old transmission line no longer in service was briefly re-energized and sparked the fire.

Edison last used that transmission line in Eaton Canyon more than fifty years ago. Utility executives said they kept it up because they believed it would be used in the future.

Utilities and state regulators have long known that old, unused lines posed fire risks. In 2019, investigators traced the Kincade fire in Sonoma County, which destroyed 374 homes and other structures, to a dormant transmission line owned by Pacific Gas & Electric.

Advertisement

The electric companies’ legal protections from utility-sparked fires date back to 2019 when Gov. Newsom led an effort to pass a measure known as AB 1054.

Then, PG&E was in bankruptcy because of costs it faced from a series of wildfires, including the 2018 Camp fire. That blaze, caused by a decades-old transmission line, destroyed most of the town of Paradise and killed 85 people.

Under the 2019 law, a utility is automatically deemed to have acted prudently if its equipment starts a wildfire. Then, all fire damages, except for $1 billion dollars covered by customer-paid insurance, are covered by the state wildfire fund.

The law allows outside parties to provide evidence that the utility didn’t act prudently before the fire, but even in that event, the utility’s financial responsibility for damages is capped.

Edison has told its investors that it believes it acted prudently before the Eaton fire and will have the damage costs fully covered.

Advertisement

The company says the maximum it may have to pay under the law if it is found to be imprudent is $4 billion. Damages for the Eaton fire have been estimated to be as high as $45 billion.

Pizarro said the possibility of Edison paying as much as $4 billion shows that state law is working to keep utilities accountable.

“If we were imprudent and we end up getting penalized by $4 billion for the Eaton fire, that’s going to be a very painful day for this company — not only the pain of being told that we were imprudent, but also the financial toll of a penalty of that size,” he said.

Chen’s group is not alone in urging the state to change the laws protecting utilities from wildfire costs.

William Abrams of the Utility Wildfire Survivor Coalition detailed in a filing how the present laws had been shaped by the utilities and “a small circle of well-resourced legal and financial actors.”

Advertisement

AB 1054 had weakened safety regulations, he said, while leaving wildfire survivors across California “under-compensated and struggling to rebuild.”

He proposed that the companies be required to use shareholder money and suspend their dividends to pay for fire damages.

Carmen Balber, executive director of Consumer Watchdog, told state officials that Edison is expected to have damages of the Eaton fire covered despite questions of why it did not remove the “ghost line” in Eaton Canyon and failed to shut down its transmission lines, despite the high winds on the night of the fire.

“We recommend establishing a negligence standard,” Balber said, “for when utilities’ shareholders need to pay.”

Among the consultants the authority has hired to help write the study is Rand, the Santa Monica-based research group; and Aon, a consulting firm.

Advertisement

Both Rand and Aon have been paid by Edison for other work. Most recently, Edison hired Rand to review some of the data and methods it used to determine how much to offer Eaton fire victims in its voluntary compensation program.

Chen said hiring Edison’s consultants to help prepare the study created a conflict of interest.

The authority spokesman said officials were confident that their “open and inclusive study process” will protect its integrity.

Aon did not return a request for comment.

“Our clients have no influence over our findings,” said Leah Polk, a Rand spokesperson. “We follow the evidence and maintain strict standards to ensure our work remains objective and unbiased.”

Advertisement

Chen said she was not convinced. “You have the fox guarding the hen house,” she said.

Continue Reading

Politics

Video: Democratic Lawmakers Say They Face New Round of Federal Inquiries

Published

on

Video: Democratic Lawmakers Say They Face New Round of Federal Inquiries

new video loaded: Democratic Lawmakers Say They Face New Round of Federal Inquiries

transcript

transcript

Democratic Lawmakers Say They Face New Round of Federal Inquiries

By Wednesday, at least five Democratic lawmakers said they received new inquiries from federal prosecutors regarding a video they published in November. In the video, they urged military service members not to follow illegal orders.

I’m Senator Elissa Slotkin. Senator Mark Kelly. Representative Chris Deluzio. Congresswoman Maggie Goodlander. Representative Chrissy Houlahan. Congressman Jason Crow. Our laws are clear. You can refuse illegal orders. You must refuse illegal orders. He’s using his political cronies in the Department of Justice to continue to threaten and intimidate us. We took an oath to the Constitution, a lifetime oath. When we joined the military. And again, as members of Congress, we are not going to back away. Our job, our duty is to make sure that the law is followed.

Advertisement
By Wednesday, at least five Democratic lawmakers said they received new inquiries from federal prosecutors regarding a video they published in November. In the video, they urged military service members not to follow illegal orders.

By Jamie Leventhal and Daniel Fetherston

January 15, 2026

Continue Reading
Advertisement

Trending