SCOTUS hears arguments on limits of presidential dismissal power

The U.S. Supreme Court heard oral argument in Trump v. Slaughter Monday, a legal challenge involving the president’s power to remove executive agency leaders. President Donald Trump dismissed Federal Trade Commission Commissioner Rebecca Slaughter in March, and she subsequently filed a legal challenge.

The NCUA is involved in a similar (but not identical) legal challenge, as Trump dismissed board members Todd Harper and Tanya Otsuka in April, and the two have filed a lawsuit claiming their dismissal violates Humphrey’s Executor and was illegal.

Oral argument in the legal challenge from Harper and Otsuka were originally scheduled for Nov. 21 in the D.C. Circuit Court of Appeals, but the court paused the case pending Supreme Court review of Trump v. Slaughter. Last month the Supreme Court denied Harper and Otsuka’s petition for review in tandem with the Slaughter case; however the Supreme Court could still decide to consider the merits of the NCUA board members’ removal case in the future. 

The administration argued Monday that a president should have complete control over the executive branch, and thus laws restricting the president's ability to remove agency heads at-will violate the separation of powers. It said the 1935 Humphrey’s Executor case that established limits on presidential removal authority and requires for-cause removal should be overturned.

The FTC members argue that precedent, including Humphrey's Executor, should be upheld because Congress intended for some federal agencies to maintain independence and be free from political interference of the president and Congress.

The justices asked questions of both sides, many concerning the differences and structures of various executive agencies.

The conservative Justices appeared to favor the government's arguments in support of overturning Humphrey's Executor, or further refining the holding in that case, while the liberal Justices appeared to agree with Slaughter that the president’s power and influence on agencies should not be absolute.

A decision from the Supreme Court is expected early next year.