WASHINGTON (AP) — The Supreme Court said Monday it will consider expanding President Donald Trump’s power to shape independent agencies by overturning a nearly century-old decision limiting when presidents can fire board members.
The justices have allowed the Republican president to carry out some high-profile firings while lawsuits play out, signaling the conservative majority is poised to overturn or narrow a 1935 Supreme Court decision that found commissioners can only be removed for misconduct or neglect of duty.
The high court agreed to take up the case of Rebecca Slaughter, a Democratic member of the Federal Trade Commission who was reinstated by lower courts under a 90-year-old ruling known as Humphrey’s Executor. In that case, the court sided with another FTC commissioner who was fired by Franklin D. Roosevelt as the president worked to implement the New Deal. The justices unanimously found commissioners can be removed only for misconduct or neglect of duty.
The justices’ decision then ushered in an era of powerful independent federal agencies charged with regulating labor relations, employment discrimination and public airwaves. But it has long rankled conservative legal theorists who argue such agencies should answer to the president.
