The supreme court has again undermined the power of Congress | Moira Donegan
The Trump v Slaughter decision allows the president further influence over agencies Congress itself created What is Congress for? According to the supreme court, not
The Trump v Slaughter decision allows the president further influence over agencies Congress itself created What is Congress for? According to the supreme court, not very much. On Monday, the supreme court overturned Humphrey’s Executor, a 91-year-old precedent, nullified the Federal Trade Commission Act, a 112-year-old law, and presumed to settle a 250-year-old debate on the scope of presidential authority when it reapportioned power away from the people’s representatives in the House and Senate and gave it instead to Donald Trump.
In Trump v Slaughter, the court ruled that that the heads of independent agencies that Congress created cannot be protected from arbitrary firings by laws that Congress passed. Instead, Donald Trump is now free to fire agency heads at will and to replace them with political loyalists, regardless of what Congress has said about it. The ruling has one key exception: Donald Trump does not, according to the justices, have the ability to fire members of the board of governors of the Federal Reserve without cause and without proper procedure.
A separate decision found for Lisa Cook, the Joe Biden appointee who was the first Black woman to serve on the Federal Reserve’s Board of Governors, and who was fired via social media post by Donald Trump last year. In addition to Cook’s job, the decision protects the independence of the Federal Reserve and the health of financial markets, to say nothing of the considerable personal wealth of the justices themselves.
Moira Donegan is a Guardian US columnist Continue reading...
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