Headline: "Supreme Court Signals Expansion of Presidential Power in Trump v. Slaughter"
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The biggest spotlight has been on the marble steps of the United States Supreme Court, where justices heard oral argument in a case called Trump v. Slaughter. Amy Howe at SCOTUSblog reports that this case asks whether President Donald Trump has the power to fire Federal Trade Commission commissioner Rebecca Kelly Slaughter at will, even though federal law says FTC commissioners can only be removed for “inefficiency, neglect of duty, or malfeasance in office.” According to SCOTUSblog, during arguments on December 8, a solid majority of the justices signaled they are inclined to side with Trump and strike down those removal limits as unconstitutional restrictions on presidential power.
In practical terms, that means the Court appears ready to say that President Trump lawfully fired Rebecca Slaughter in March by email, when he told her remaining at the FTC would be inconsistent with his administration’s priorities, even though he did not claim any misconduct. Commentators at Holland and Knight, analyzing the argument, note that this could ripple well beyond the Federal Trade Commission, potentially weakening protections for members of other independent agencies like the Federal Energy Regulatory Commission and the Consumer Product Safety Commission.
Inside the courtroom, the justices wrestled with a ninety‑year‑old precedent called Humphrey’s Executor v. United States, a 1935 decision that upheld protections for FTC commissioners. According to SCOTUSblog, Chief Justice John Roberts described Humphrey’s Executor as a “dried husk,” while Justice Neil Gorsuch called it “poorly reasoned.” On the other side, Justices Sonia Sotomayor and Elena Kagan warned that tearing it down could fundamentally alter how much control Congress has over independent regulators. Justice Amy Coney Barrett pointed out that, in her view, the Court’s more recent decisions have already eroded that old case.
All of this is happening against a broader backdrop of litigation targeting actions by the Trump administration since his return to the White House. The Lawfare media team, which maintains a Trump Administration Litigation Tracker, has been following a sprawling set of challenges to Trump-era policies ranging from immigration rules to the deployment of the National Guard. Their tracker shows new filings landing in federal courts almost weekly, a sign that legal scrutiny of the administration’s actions has not slowed.
At the same time, local outlets like WABE in Atlanta continue to summarize where the various criminal and civil cases involving Donald Trump himself stand after earlier verdicts and appeals. WABE notes that previous jury decisions in defamation and civil fraud matters have largely been upheld on appeal, even as Trump continues to challenge them and attack prosecutors and judges in public.
For listeners, the key point is this: in just a few days, the Supreme Court has given the clearest signal yet that it may expand presidential power over independent agencies in Trump v. Slaughter, while a wide network of lower courts and appellate panels continues to process the many criminal, civil, and constitutional fights that surround Donald Trump’s political comeback.
Thank you for tuning in, and come back next week for more. This has been a Quiet Please production, and for more, check out QuietPlease dot A I.
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