Supreme Court appears poised to rule for Trump on independent agency firings

The Supreme Court on Monday weighs whether to drive the final nail into the coffin of the long-standing concept of independent federal agencies that operate at arm’s length from the president.

WASHINGTON — The Supreme Court on Monday appeared poised to side with President Donald Trump and allow him to fire a member of the Federal Trade Commission without cause, a provocative move aimed at upending the long-standing concept of independent federal agencies.

In a significant case on the structure of the federal government, the conservative-majority court heard oral arguments on whether Trump had the authority to fire Rebecca Kelly Slaughter notwithstanding a law enacted by Congress to insulate the agency from political pressures.

The 1914 law that set up the FTC says members can be removed only for “inefficiency, neglect of duty, or malfeasance in office.”

The court, which has a 6-3 conservative majority, has already signaled, with strong opposition from the three liberal justices, that Trump is likely to win the case by allowing Slaughter, a Democrat, to be removed from office while the litigation continues.

A ruling in Trump's favor would have broad repercussions, not just for the FTC but also for a host of other federal agencies set up by Congress with similar removal restrictions, by giving presidents greater authority over them.