Supreme Court decides two cases on whether presidents can fire federal officials
The Supreme Court on Monday issued opinions in two cases on whether President Donald Trump has the power to remove federal officials from their positions.
The justices handed Trump a win in one case, but then limited his executive authority in another.
The justices ruled 6-3 in the Trump v. Slaughter case with Chief Justice John Roberts writing the opinion for the majority.
Last year, Trump removed Rebecca Slaughter from her position as a commissioner for the Federal Trade Commission, saying that her service was inconsistent with his administration’s policies.
However, the FTC Act says the president can only remove commissioners if they were inefficient or neglect their duty or commit malfeasance.
The justices sided with Trump and his assertion that presidents should be able to exert authority over executive agencies. The ruling also overturned the case precedent, Humphrey’s Executor v. United States.
In a separate 5-4 opinion, the court said Trump could not fire Lisa Cook, a member of the Federal Reserve’s Board of Governors.
Roberts wrote the opinion for the majority and was joined by Justices Sonia Sotomayor, Elena Kagan, Brett Kavanaugh and Ketanji Brown Jackson.
The administration alleges Cook committed mortgage fraud, which she disputes. Lower courts held that Cook was able to remain in her position at the Fed while she defended herself in court.
“The protection from removal enjoyed by Governors of the Federal Reserve is consistent with the Constitution. The Founders knew from experience the calamities that could arise from even the ‘suspicion’ of political manipulation of monetary policy,” the opinion says.
The Supreme Court upheld the lower court decision, allowing her to remain on the board while her case moves through the courts.
This is a developing story and will be updated.