From the Courthouse Steps: Trump v. Slaughter and Trump v. Cook
About this episode
The episode discusses two Supreme Court cases regarding presidential removal power and the implications for independent agencies and the Federal Reserve.
In Trump v. Slaughter, the Supreme Court held 6-3 that the Federal Trade Commission's (FTC) statutory for-cause removal protection violates the separation of powers, overruling Humphrey's Executor. The Court reasoned that subordinates who exercise the President’s power are subject to removal by him. Thus, because the FTC exercises executive power, its Commissioners must be removable by the President at will. Yet in Trump v. Cook, the Court, 5-4, denied the government’s request to stay an injunction blocking the removal of Federal Reserve Governor Lisa Cook. The Court held that a president’s asserted “for cause” statutory basis for removing a Federal Reserve governor is judicially reviewable and that Cook was entitled to notice and an opportunity to respond before removal. Writing for the Court, Chief Justice Roberts reasoned that the statute was enacted against the backdrop of the common law, and that any definition of “cause” in this context must reflect the Federal Reserve’s unique historical status and role. Join us for a webinar breaking down both decisions, the separate opinions, and what they may mean for presidential removal…
People in this episode
Guests: Erin M. Hawley, Adam White
Mentioned in this episode
Organizations: Federal Trade Commission, Supreme Court, Federal Reserve, Alliance Defending Freedom, American Enterprise Institute
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