According to media reports, the majority conservative US Supreme Court is leaning towards expanding the powers of the US President. The dismissal of a commissioner from the FTC by Donald Trump could be declared legal, the New York Times, Politico and CNN reported, citing a hearing on Monday. A lower court had previously classified Trump’s actions as unlawful.
That’s what it’s about
The case is considered particularly important because it raises fundamental questions about the separation of powers and the extent of a president’s powers: Can he simply fire senior staff at federal agencies?
In this case, Trump fired a Democratic commissioner at the FTC. According to media, she had to leave due to political disagreements between the government and the official. The commissioner sued against her dismissal. Actually, a president is only allowed to fire senior members of independent authorities for “inefficiency, dereliction of duty or abuse of office.”
That’s what supporters and critics say
Critics saw this as an attempt to undermine the independence of agencies like the FTC. Proponents argue, however, that a president must have complete control over the executive branch.
In a similar case in 1935, the Supreme Court unanimously ruled that the president’s firing of an FTC commissioner was improper. Independent federal agencies issue regulations and adjudicate disputes, so they must be distinguished from the executive branch, the court argued at the time. They should therefore not be subject to arbitrary influence by a president.
Trump’s attempts to crack down on institutions
It is not the first time that Trump has forced layoffs: On the way to a less independent board of the US Federal Reserve, Trump also targeted Fed Governor Lisa Cook. He wants to get rid of her because of alleged mortgage fraud.
Cook denies wrongdoing. The case is now also before the US Supreme Court. There, Trump recently suffered a setback in his attempted dismissal – but the last word has not yet been spoken. He also threatened to fire Fed Chairman Jerome Powell several times. (sda/dpa)