Supreme Court Kills The Independent Agency. Trump Is King
The Supreme Court majority all but declared Thursday that it is ready to overturn a nearly century-old precedent meant to protect independent agencies from at-will firing by the President.
Its the last brick to fall in the division between the President and the parts of the executive branch Congress created to be beyond his reach, turning the second branch of government into an all-powerful tool to be wielded by one man.
Justice Elena Kagan, writing for the three dissenting liberals, dispensed with the usual niceties to upbraid her conservative colleagues for bending to President Trumps whims, and doing so in a two-page ruling on the emergency docket.
The case stems from Trumps firing of members of the National Labor Relations Board and Merit Systems Protection Board, which he did knowing that it ran afoul of a 1935 Supreme Court precedent called Humphreys Executor. The administration has aimed to get the case before the Court, betting that there are finally enough conservative justices bought into the idea of a supreme presidency to let him axe the last wall protecting critical independent executive branch agencies. On Thursday, the Court overruled the lower courts that had reversed Trumps firings in accordance with that Supreme Court precedent, hinting that the two agencies may not be protected from at-will removal.
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