Court signals boost to executive power

Conservative justices lean toward letting Trump fire officials at independent agencies.

- BY DAVID G. SAVAGE

WASHINGTON — The Supreme Court's conservatives sounded ready on Monday to overrule Congress and give President Trump more power to fire officials at independent agencies and commissions.

The justices heard arguments on whether Trump could fire Rebecca Slaughter, one of two Democratic appointees on the five-member Federal Trade Commission.

The case poses a clash between Congress’ power to structure the government versus the president's “executive power.”

A ruling for Trump portends a historic shift in the federal government — away from bipartisan experts and toward more partisan control by the president.

Trump’s solicitor general, D. John Sauer, said the court should overturn a 1935 decision that upheld independent agencies. The decision “was grievously wrong when decided. It must be overruled,” he told the court.

The court’s three liberals strongly argued against what they called a “radical change” in American government.

If the president is free to fire the leaders of independent agencies, they said, the longstanding civil service laws could be struck down as well.

It would put “massive, uncontrolled and unchecked power in the hands of the president,” Justice Elena Kagan said.But the six conservatives said they were concerned that these agencies were exercising “executive power” that is reserved to the president.

It was unclear, however, whether the court will rule broadly to cover all independent agencies or focus narrowly on the FTC and other similar commissions.

For most of American history, Congress has created independent boards and commissions to carry out specific missions, each led by aboard of experts who were appointed with a fixed term.

But the court’s current conservative majority has contended these commissions and boards are unconstitutional if their officials cannot be fired at will by a new president.