Supreme Court could reverse protections for independent agency officials
Washington – The Supreme Court said on Monday that he would decide to reverse a 90 -year -old precedent, which protects independent agencies directly from control by the President.
The conservative majority of the court has already approved the firing of democratic appointments in the National Labor Relations Board and Success Systems Protection Board. And A separate order on MondayHe approved Trump’s abolition of a democratic appointment at the Federal Trade Commission.
These orders state that the court will decide for the President and say that there are fixed conditions for the congress, and that it has the authority to fire the authorities in independent agencies.
The only doubt focuses on the Federal Reserve Board. In May, the court said that when an NLRB official could not approval the fire, his decision did not threaten the independence of the Federal Reserve.
The court described it as a olur a uniquely structured, semi -special entity that follows the different historical tradition of the first and second banks of the United States. Trump did not share this view. In the summer, Federal Reserve President Jerome Powell threatened to ignite the interest rates.
And now in 2021, when he received two home loans, the Federal Reserve Governor Lisa Cook, who was appointed as a biden on the claim that he might have made a mortgage fraud.
Trump’s lawyers sent an emergency objection to the Supreme Court last week.
Many before Trump’s presidency, the Chief Justice John G. Roberts claimed that the President had constitutional power to hire or expel all officials using important executive authority and to control federal institutions.
However, this view contradicts what the court has said for more than a century. Since 1887, when the Congress formed the trade commission between the states to regulate railway rates, Capitol Hill believed that they had the authority to establish independent boards and commissions.
Typically, the president shall be allowed to the authorities appointed by the officers who will serve a fixed period determined by the law. From time to time, the congress required the boards to have a mixture of both republican and democratic appointed.
The Supreme Court unanimously approved this understanding in a case of 1935. Humphrey’s manager. Justice said that these authorities made judicial decisions at that time and that they should be protected directly by the President.
This decision was a defeat for President Franklin Roosevelt, who tried to ignite a Republican Appointment to the Federal Trade Commission.
In recent years, the Chief Justice and Conservative colleagues questioned the idea that the Congress could protect the officials directly by the President.
In the decision of Monday, the Court said that in December, “Federal Trade Commission members would have violated the separation of powers for powers, and if so Humphrey’s executive / United States, 295 US 602 (1935), he said.
Justice Elena Kagan has repeatedly opposed these cases and argued that the Congress has the power to make the law and structure the government, not the president.
Justice Sonia Sotomayor and Ketanji Brown Jackson joined Jackson on Monday, the court continued to fire independent officials at the request of Trump.
“Our emergency document should never be used to allow our own precedent bars, as this year,” he wrote. “Moreover, it should not be used to transfer the government authority from Congress to the President and thus reshape the country’s power distinction.”
