Supreme Court Sets Date to Hear Federal Firing Arguments
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Supreme Court Sets Date to Hear Federal Firing Arguments
On December 8, the Supreme Court will hear oral arguments in a case that could drastically impact President Trump’s authority to fire the heads of independent agencies.
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From Fox News:
This closely watched court fight could overturn a longstanding court precedent and further expand executive branch powers. At issue is Trump’s attempted firing of Rebecca Slaughter, the lone Democrat on the Federal Trade Commission. Trump fired Slaughter and another Democratic member of the FTC in March, though that commissioner has since resigned.
Slaughter sued earlier this year to block her removal, and a lower court judge ordered her temporarily reinstated to her role on the FTC while the case continued to play out on its merits.
The Trump administration appealed the case to the Supreme Court in September. The justices agreed to hear the case and stayed the lower court ruling that ordered her reinstated — allowing Trump, for now, to proceed with Slaughter’s removal from the FTC.
Fox notes that the justices’ decision to take up this case signifies an interest in revisiting Humphrey’s Executor, a precedent set by Humphrey’s Executor v. United States in 1935. In this case, the Supreme Court “unanimously blocked presidents from removing the heads of independent regulatory agencies without cause,” according to Fox.
The high court has asked both parties to address whether the protections afforded by Humphrey’s Executor violate the separation of powers and, if so, whether the precedent should be overruled. Additionally, the justices asked the parties to address whether a federal court may prevent a person’s removal from public office at all.
Fox notes that this is not the first time the Supreme Court has stepped in to address a firing, but the justices have thus far only issued brief emergency orders, refusing to tackle the underlying issue posed by Humphrey’s Executor. The justices’ ruling in that case will likely have far-reaching consequences, for President Trump and future leaders.
As both parties prepare their arguments, let’s pray for God’s will to be done in this case.
(Excerpt from Fox News. Photo Credit: Adam Szuscik on Unsplash)
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