Supreme Court Rules President Can Remove Commissioners, Like FERC

Over the past two weeks, just prior to heading out on summer vacation, the U.S. Supreme Court issued a number of extremely important decisions. One of them was Slaughter v. Trump, a 6-3 decision in which the Supremes overturned the 91-year-old Humphrey’s Executor precedent, granting the president broad authority to remove members of independent federal agencies for any reason. Chief Justice John Roberts wrote that the president must have trusted subordinates to ensure accountability, though the Court exempted the Federal Reserve to preserve its independence. This ruling permanently solidifies President Trump’s earlier removals of Democratic appointees, significantly expanding executive control over critical regulatory bodies, including the National Labor Relations Board, the Federal Trade Commission, and most importantly for MDN readers, the Federal Energy Regulatory Commission (FERC).

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