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Today, in a 6-3 ruling, the Supreme Court issued a decision that presidents can dismiss the heads of independent agencies at their discretion without citing a particular cause. While the case involved the Federal Trade Commission, the same rationale would apply to the Federal Energy Regulatory Commission (FERC).
By overturning Humphrey’s Executor v. United States, the Court has opened the door for presidents to remove commissioners at independent agencies because they disagree with the commissioners’ decisions. This decision could fundamentally change how FERC and other agencies operate by inviting political meddling into objective decision-making. FERC is an independent agency charged with overseeing America’s electric grid, gas infrastructure, and wholesale energy markets.
In response to the ruling, Sierra Club Executive Director Loren Blackford released the following statement:
