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Supreme Court Ruling Grants Trump Broad Firing Power Over FTC

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The Supreme Court delivered a significant blow to agency independence Monday, ruling that President Trump can fire Federal Trade Commission commissioners without cause. The decision throws out a 1914 law requiring 'inefficiency, neglect of duty or malfeasance' as grounds for removal, ending nearly a century of precedent that protected regulators from partisan politics. Chief Justice John Roberts authored the majority opinion, arguing that agency heads exercising executive power must answer to the president.

The ruling creates a stark contrast with another Monday decision where the court blocked Trump's attempt to fire Federal Reserve Board member Lisa Cook. In that 5-4 vote, Roberts joined liberals to preserve Fed independence, citing statutory protections and central banking traditions. Justice Amy Coney Barrett noted the 'serious tension' between these contradictory holdings - why protect the Fed but not the FTC?

This inconsistency reflects selective deference to Donald Trump rather than principled jurisprudence. The majority embraced the 'unitary theory of the executive' that concentrates power in the presidency, potentially politicizing agencies like the Securities and Exchange Commission and Federal Communications Commission. Businesses now face regulatory uncertainty as commissioners may serve at presidential whim rather than through bipartisan, merit-based governance.

The decision fundamentally alters the balance of power that Congress carefully constructed through the Federal Trade Commission Act, which mandated no more than three of five commissioners come from one party. As Justice Sonia Sotomayor warned, this represents a 'profound bait-and-switch' that transforms regulatory agencies from semi-independent bodies into extensions of presidential authority, threatening the institutional stability that markets rely upon.