Supreme Court Seems Likely to Give Trump More Power Over Agencies

Kevin King was quoted in a USA Today article about Supreme Court arguments in Trump v. Slaughter that could significantly expand presidential authority over independent federal agencies.

Kevin noted that the Court appears poised to overturn Humphrey’s Executor, the 1935 precedent limiting a president’s ability to remove leaders of multi‑member independent agencies, and that such a ruling would allow the president to dismiss the heads of agencies such as the Federal Trade Commission.

Kevin said Justice Kagan’s probing about the potentially far-reaching consequences on other agencies could make a difference when the justices meet privately to discuss the case. “Even if Justice Kagan is not on the winning side of the vote here, she nevertheless is influencing the court’s reasoning, and her questions may lead some of her colleagues to take a more cautious and narrow approach here.”