U.S. Supreme Court to consider expanding presidential power to fire independent agency officials

The U.S. Supreme Court hinted Monday that it would consider expanding the president’s power to shape independent agencies by overturning nearly a century-old precedent. The court agreed to hear the case of Rebecca Slaughter, a Democratic commissioner of the Federal Trade Commission who was reinstated by a lower court under a 90-year-old decision known as the Humphrey Execution case. At that time, the court unanimously ruled that commissioners, as independent regulators, can only be removed for misconduct or malfeasance in office. Gwen Wilcox of the National Labor Relations Board and Kathy Harris of the Civil Service Protection Board also asked that their cases be heard if the Supreme Court hears Slaughter’s case. The Supreme Court has allowed the president to temporarily fire the three commissioners but has also suggested there may be limits to the power at the Federal Reserve, which is expected to be tested in the case of former Fed Governor Tim Cook.