Supreme Court Overturns Precedent Limiting Presidential Removal of Agency Officials

The U.S. Supreme Court on Monday overturned a 91-year-old precedent that had restricted presidential authority to remove officials from independent federal agencies. The 6-3 decision in Trump v. Slaughter held that President Trump acted within his powers when he terminated FTC commissioner Rebecca Slaughter without cause. Chief Justice John Roberts wrote the majority opinion.

Background on the Ruling The precedent known as Humphrey’s Executor had protected commissioners at agencies including the FTC, FCC, and SEC from removal except for cause. The Court’s ruling gives the president greater control over those agencies.

In a concurring opinion, Justice Neil Gorsuch cited FCC Chairman Brendan Carr’s public criticism of ABC late-night host Jimmy Kimmel as an example of agency reach. ” Gorsuch also noted that Carr had suggested “additional work…ahead” for the agency if broadcasters did not address certain on-air remarks.

The reference pointed to an episode last year that led to a brief suspension of Kimmel’s program.

The ruling affects agencies that oversee media, entertainment, technology, and financial markets. ABC is currently facing an FCC investigation into equal-opportunity rules and a separate review of its broadcast licenses. Gorsuch observed that the decision raises new questions about coordinated agency authority and may prompt further action by Congress or the courts.