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

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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.

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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.

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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.

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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.

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“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.

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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.

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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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Cause of death confirmed for Mitt Romney’s sister-in-law

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Cause of death confirmed for Mitt Romney’s sister-in-law

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This story discusses suicide. If you or someone you know is having thoughts of suicide, please contact the Suicide & Crisis Lifeline at 988 or 1-800-273-TALK (8255).

The death of former Sen. Mitt Romney’s sister-in-law has been confirmed to be a suicide, the Los Angeles County medical examiner’s office announced Tuesday.

Carrie Elizabeth Romney, 64, died of “blunt traumatic injuries” after plunging from a five-story parking garage in California in early October. She had been married to Mitt Romney’s older brother, George Scott Romney, 81, and the pair had been going through a months-long divorce.

“Our family is heartbroken by the loss of Carrie, who brought warmth and love to all our lives,” Mitt Romney said in a statement after Carrie’s death.

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FETTERMAN’S BRUTALLY CANDID ACCOUNT OF BATTLING DEPRESSION, FEELING SUICIDAL, BEING THROWN OUT OF HIS HOUSE

Sen. Mitt Romney’s sister-in-law died in October. (Drew Angerer/Getty Images)

“We ask for privacy during this difficult time,” he added.

Carrie and George had been married since 2016. They had been separated since late May, and George filed a divorce petition in early June.

FLASHBACK: MITT ROMNEY MOCKED IN 2012 FOR SELF-DEPORTATION CONCEPT THAT HAS NOW BECOME A REALITY

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George Scott Romney stands during the Pledge of Allegiance during the final day of the Republican National Convention at the Tampa Bay Times Forum on August 30, 2012 in Tampa, Florida. (Photo by Chip Somodevilla/Getty Images)

Mitt Romney served as a Utah senator until 2024, when he decided not to run for re-election. 

“I have spent my last 25 years in public service of one kind or another. At the end of another term, I’d be in my mid-eighties. Frankly, it’s time for a new generation of leaders. They’re the ones that need to make the decisions that will shape the world they will be living in,” Romney said at the time.

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“We face critical challenges — mounting national debt, climate change, and the ambitious authoritarians of Russia and China. Neither President Biden nor former President Trump are leading their party to confront them,” Romney said.

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“It is a profound honor to serve Utah and the nation, and I thank you for giving me the opportunity to do so.”

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Supreme Court poised to strike down Watergate-era campaign finance limits

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Supreme Court poised to strike down Watergate-era campaign finance limits

The Supreme Court’s conservatives signaled Tuesday they are likely to rule for Republicans and President Trump by throwing out a Watergate-era limit on campaign funding by political parties.

The court has repeatedly said campaign money is protected as free speech, and the new ruling could allow parties to support their candidate’s campaigns with help from wealthy donors.

For the second day in a row, Trump administration lawyers urged the justices to strike down a law passed by Congress. And they appeared to have the support of most of the conservatives.

The only doubt arose over the question of whether the case was flawed because no current candidate was challenging the limits.

“The parties are very much weakened,” said Justice Brett M. Kavanaugh. “This court’s decisions over the years have together reduced the power of political parties, as compared to outside groups, with negative effects on our constitutional democracy.”

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He was referring to rulings that upheld unlimited campaign spending by wealthy donors and so-called super PACs.

In the Citizens United case of 2010, Chief Justice John G. Roberts Jr. and four other conservatives struck down the long-standing limits on campaign spending, including by corporations and unions. They did so on the theory that such spending was “independent” of candidates and was protected as free speech under the 1st Amendment.

They said the limits on contributions to candidates were not affected. Those limits could be justified because the danger of corruption where money bought political favors. This triggered a new era of ever-larger political spending but most of it was separate from the candidates and the parties.

Last year, billionaire Elon Musk spent more than $250 million to support Donald Trump’s campaign for reelection. He did so with money spent through political action committees, not directly to Trump or his campaign.

Meanwhile the campaign funding laws limit contributions to candidates to $3,500.

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Lawyers for the National Republican Senatorial Committee pointed out this trend and told the Supreme Court its decisions had “eroded” the basis for some of the remaining the 1970s limits on campaign funding.

At issue Tuesday were the limits on “coordinated party spending.” In the wake of the Watergate scandal, Congress added limits on campaign money that could be given to parties and used to fund their candidates. The current donation limit is $44,000, the lawyers said.

Washington attorney Noel Francisco, Trump’s solicitor general during his first term, urged the court strike down these limits on grounds they are outdated and violate the freedom of speech.

“The theory is that they’re needed to prevent an individual donor from laundering a $44,000 donation through the party to a particular candidate in exchange for official action,” he said.

If a big-money donor hopes to win a favor from a congressional candidate, the “would-be briber would be better off just giving a massive donation to the candidate’s favorite super PAC,” Francisco said.

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The suit heard Tuesday was launched by then-Sen. JD Vance of Ohio and other Republican candidates, and it has continued in his role as vice president and possibly a presidential candidate in 2028.

Usually, the Justice Department defends federal laws, but in this instance, the Trump administration switched sides and joined the Republicans calling for the party spending limits to be struck down.

Precedents might have stood in the way.

In 2001, the Supreme Court had narrowly upheld these limits on the grounds that the party’s direct support was like a contribution, not independent spending. But the deputy solicitor general, Sarah Harris, told the justices Tuesday that the court’s recent decisions have “demolished” that precedent.

“Parties can’t corrupt candidates, and no evidence suggests donors launder bribes by co-opting parties’ coordinated spending with candidates,” she said.

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Marc Elias, a Democratic attorney, joined the case in the support of the court limits. He said the outcome would have little to do with speech or campaign messages.

“I think we’re underselling the actual corruption” that could arise, he said. If an individual were to give $1 million to political party while that person has business matter before the House or Senate, he said, it’s plausible that could influence “a deciding or swing vote.”

The only apparent difficulty for the conservative justices arose over questions of procedure.

Washington attorney Roman Martinez was asked to defend the law, and he argued that neither Vance nor any other Republicans had legal standing to challenge the limits. Vance was not a current candidate, and he said the case should be dismissed for that reason.

Some legal observers noted that the limits on parties arose in response to evidence that huge campaign contributions to President Nixon’s reelection came from industry donors seeking government favors.

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“Coordinated spending limits are one of the few remaining checks to curb the influence of wealthy special interests in our elections,” said Omar Noureldin, senior vice president for litigation at Common Cause. “If the Supreme Court dismantles them, party leaders and wealthy donors will be free to pour nearly unlimited money directly into federal campaigns, exactly the kind of corruption these rules were created to stop.”

Daniel I. Weiner, an elections law expert at the Brennan Center, said the justices were well aware of how striking down these limits could set the stage for further challenges.

“I was struck by how both sides had to acknowledge that this case has to be weighed not in isolation but as part of a decades-long push to strike down campaign finance rules,” he said. “Those other decisions have had many consequences the court itself failed to anticipate.”

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Video: Trump Calls Europe ‘Decaying’ and ‘Weak’

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Video: Trump Calls Europe ‘Decaying’ and ‘Weak’

new video loaded: Trump Calls Europe ‘Decaying’ and ‘Weak’

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Trump Calls Europe ‘Decaying’ and ‘Weak’

President Trump criticized his European counterparts over their defense and Ukraine policies during an interview with Politico. The president also suggested that it was time for President Volodymyr Zelensky of Ukraine to compromise in the cease-fire talks.

“Europe is not doing a good job in many ways. They’re not doing a good job.” “I want to ask you about that—” “They talk too much, and they’re not producing. But most European nations, they’re decaying. They’re decaying.” “You can imagine some leaders in Europe are a little freaked out by what your posture is. And European —” “Well they should be freaked out by what they’re doing to their countries. They’re destroying their countries and their people I like.” “Russia has the upper hand, and they always did. They’re much bigger. They’re much stronger in that sense. I give Ukraine a lot of — I give the people of Ukraine and the military of Ukraine tremendous credit for the bravery and for the fighting and all of that. But at some point, size will win, generally.” “Is Zelensky responsible for the stalled progress or what’s going on there?” “Well, he’s got to read the proposal. He hadn’t really. He hasn’t read it yet.” “The most recent draft.” “That’s as of yesterday. Maybe he’s read it over the night. It would be nice if he would read it. A lot of people are dying. He’s going to have to get on the ball and start accepting things. When you’re losing, cause he’s losing.”

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President Trump criticized his European counterparts over their defense and Ukraine policies during an interview with Politico. The president also suggested that it was time for President Volodymyr Zelensky of Ukraine to compromise in the cease-fire talks.

By Chevaz Clarke

December 9, 2025

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