The Department of Justice under President Donald Trump is making a significant move to challenge a key Supreme Court ruling that limits the president's authority over independent agencies. The administration aims to give Trump more power to dismiss officials who do not align with his policies.
The DOJ, through Acting Solicitor General Sarah Harris, notified Senator Dick Durbin of the plan to request the Supreme Court to overturn the precedent set by the 1935 case, Humphrey's Executor v. United States. This case restricted the president's ability to remove executive branch agents.
Harris argued that certain for-cause removal provisions for agency members are unconstitutional and that the DOJ will no longer defend their constitutionality. The administration believes that overturning Humphrey's Executor would allow the president to better supervise principal officers executing laws on his behalf.
While Democrats view this move as a departure from longstanding DOJ positions, conservative legal experts support it, asserting that it aligns with the original intent of the Constitution's framers. They argue that the president should have complete control over the executive branch, including the hiring and firing of agency heads.
The administration's actions have already faced legal challenges, with former NLRB member suing over her termination and other lawsuits involving federal employee dismissals. Experts anticipate that lower courts may uphold existing precedents, but the administration could appeal to higher courts, including the Supreme Court, for a potential reconsideration of Humphrey's Executor.
Overall, the Trump administration's efforts to increase presidential control over independent agencies are likely to spark further legal battles and debates over the balance of power within the executive branch.
