US President Donald Trump pardons a turkey during the annual Presidential Thanksgiving Turkey Pardon in the Rose Garden. Andrew Leyden/ZUMA Press Wire/dpa
The conservative majority on the US Supreme Court appears inclined to expand the powers of President Donald Trump, US media reported on Monday.
Trump’s dismissal of a commissioner from the Federal Trade Commission (FTC) could be declared lawful, according to the New York Times, Politico and CNN, which cited a court hearing. A lower court had previously deemed Trump’s action unlawful.
The case is seen as significant because it raises fundamental questions about the separation of powers and the extent of presidential …
US President Donald Trump pardons a turkey during the annual Presidential Thanksgiving Turkey Pardon in the Rose Garden. Andrew Leyden/ZUMA Press Wire/dpa
The conservative majority on the US Supreme Court appears inclined to expand the powers of President Donald Trump, US media reported on Monday.
Trump’s dismissal of a commissioner from the Federal Trade Commission (FTC) could be declared lawful, according to the New York Times, Politico and CNN, which cited a court hearing. A lower court had previously deemed Trump’s action unlawful.
The case is seen as significant because it raises fundamental questions about the separation of powers and the extent of presidential authority - specifically, whether a president may dismiss senior officials at federal agencies at will.
In this case, Trump dismissed a Democratic commissioner at the FTC. According to media reports, she had to leave due to political disagreements between the administration and the official. The commissioner has filed a lawsuit against her dismissal.
A US president is generally only allowed to fire senior members of independent agencies for inefficiency, neglect of duty or malfeasance.
Critics fear attack on independence of agencies
Critics saw this as an attempt to undermine the independence of agencies like the FTC. Supporters, on the other hand, argue that a president must have full control over the executive branch.
In 1935, the Supreme Court unanimously ruled in a similar case that the dismissal of an FTC commissioner by the president was unlawful.
The court argued at the time that independent federal agencies issued regulations and decided disputes, so they must be distinct from the executive branch. Therefore, they should not be subject to arbitrary influence by a president.
Trump also wants to take action against other institutions
This is not the first time Trump has pushed for dismissals. In his drive to make the board of the US Federal Reserve less independent, Trump also targeted Fed Governor Lisa Cook.
He wants to remove her due to alleged mortgage fraud. Cook denies any wrongdoing. The case is now also before the US Supreme Court.
Trump recently faced a setback in his dismissal attempt there, but the final word has not yet been uttered in this case.
He also repeatedly threatened Fed Chairman Jerome Powell with dismissal.