Open Markets Institute Condemns ‘Pro-autocratic’ Trump v. Slaughter Decision
In response to the US Supreme Court’s precedent-shattering decision in Trump v. Slaughter, holding that President Trump may arbitrarily fire leaders of independent agencies or commissions, Open Markets Institute issued the following statements:
Executive Director Barry Lynn: "In Trump v. Slaughter, the Supreme Court today grossly usurped Congress’ constitutional authority. In doing so, the Supreme Court has taken America’s gravest constitutional crisis since the Great Depression and made it vastly worse. By further concentrating autocratic power in the Presidency, the Court undermines basic rule of law and worsens the crisis of corruption in which the present administration sells enforcement outcomes to the corporations that offer the biggest pile of economic, political, and journalistic favors.
In seeking to overturn the foundational balances of power between Congress and both the Presidency and the Court itself, the majority has put the onus for taking action squarely on Congress. As a matter of preserving its basic authorities, Congress should move immediately to reject this extremely dangerous decision and reassert its role as the primary voice of the will of the American people. And if this Congress refuses to act, the next Congress should plan to move immediately to entirely restructure the Supreme Court, which has now been captured by the most dangerous pro-autocratic thinking since the 1850s.”
Legal Director Sandeep Vaheesan: “Under Article I of the Constitution, Congress has the clear power to establish and design all departments and offices in the federal government. In the FTC Act, Congress chose to protect FTC Commissioners from arbitrary removal to ensure they could carry out their statutory duties without fear or favor. Since the early years of the United States, Congress has done exactly this with respect to the heads of countless agencies.
Instead of following the plain text of the Constitution, respecting legislative supremacy, and honoring historical practice as the Open Markets Institute called for in its amicus brief, the Roberts Court once again acted as a super-legislature and granted President Trump new power. The president now has broad authority to dismiss public officials for any or no reason at all, including if they displease him in the course of fulfilling their congressionally mandated responsibilities.”