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The Courts Government

Supreme Court Allows Trump to Fire Remaining Democrat On FTC (npr.org) 180

The Supreme Court has temporarily allowed President Trump to fire Rebecca Slaughter, the last Democrat on the FTC. "The court's action is technically temporary, since the justices said they will hear arguments in the case in December, but every indication is that the conservative court majority will use the case to reverse a major Supreme Court precedent that dates back almost a century," reports NPR. From the report: Congress created the FTC and lots of other agencies to be multi-member, bipartisan regulatory agencies. And the Supreme Court in 1935 upheld those statutes ruling ruled against then-President Franklin D. Roosevelt's claim that he could fire FTC commissioners at will. In a unanimous opinion at the time, the court said Congress acted within its powers in declaring that a commissioner could only be fired for misconduct -- not for a policy disagreement. But now, prodded by President Trump, the court's six-member conservative majority seems poised to remake the way independent agencies operate. And if the handwriting on the wall is as clear as it seems to be, the independent agencies won't be independent. Their membership will be subject to the will of the president.

The court's action Monday was hardly subtle. While the lower courts had ruled that the president could not fire Slaughter, under the court's 1935 precedent, the conservative Supreme Court majority allowed the president to fire her. Indeed, her name isn't even on the FTC website anymore. And the court so far has allowed Trump to fire other agency board members. In short, the justices are not playing hide-the-ball. And it's a good bet that the court will reverse the 1935 precedent, which until now had been reaffirmed multiple times. The result will be that whereas in the past, these agencies had to be bipartisan, with a minority of opposition party members, now there will be no such requirement. In short, Trump can name all the agency members. And if his successor is a Democrat, he or she can fire all the Republicans.

Supreme Court Allows Trump to Fire Remaining Democrat On FTC

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  • by JoshuaZ ( 1134087 ) on Monday September 22, 2025 @08:44PM (#65677114) Homepage

    There are at least three different reasons this is bad.

    First, this is one more sign (of about 15 court cases at this point) that this court is willing to give Trump massive powers simply because he is pushing for them and they agree with him politically. And there's no reason to remotely think he's going to stop.

    Second, it means that the Presidency (already an already too powerful office in the modern form for any one person) is going to be even more powerful under for the first time under a far more authoritarian person without any safeguards in place.

    Third, is more subtle: even if we get through this with Trump with only some damage, the long-term damage and threat to stability is massive. In general, parliamentary systems or presidential systems with somewhat weak presidencies are more stable than those with powerful presidencies. One sees this in for example the high instability in many presidential republics in Central America and South America. The standard explanation for this is that when there's functionally a winner-take-all system, the stakes becoming higher and the degree to which any side has an incentive to moderate becomes small. One question then is why this hasn't happened in the US? One explanation is that the US had the illusion of a not deeply strong President, in part because everyone (including the Presidents) agreed tacitly not to push the limits of their authority that much. The precedent breaking nature here undermines that illusion, and makes it more likely that we'll have years (possibly decades) where the Democrats and Republicans will even more than usual treat everything as a zero sum game with no respects for democratic norms.

    The bottom line is that everything about this is bad.

    • by sg_oneill ( 159032 ) on Monday September 22, 2025 @09:36PM (#65677182)

      It is not lost on me that during the Biden and Obama administrations the supreme court tended towards limiting Executive power, then during the trump administrations have leant towards a massive expansion of them.

      When sane government eventually returns i think it would be prudent for congress to actually set out some clear boundaries as to executive power, and work towards a separation of public service from executive power. Because this is all bullshit. In MOST countries while there will be ministers in charge of things, government departments will tend to hire independently of politics so as to remain strictly neutral. The government wins by a strengthening of democratic norms, and the people win by having a government that isnt tied up with shit politics.

      And the supreme court needs to fuck off with this partisan judge bullshit. Again, this "democrat" or "republican" judge thing is another american special and boy is it an error. Judges should be impartial interpreters of the laws and constitutions, not the corrupt activists dominating the supreme court right now.

      • by cusco ( 717999 ) <brian.bixby@noSpAm.gmail.com> on Monday September 22, 2025 @09:49PM (#65677208)

        When sane government eventually returns

        Ah, you dewy eyed optimist . . .

        I'm really afraid that this is the beginning of the end of the 250 year experiment. Oh, well, we had a pretty good run.

        • by bussdriver ( 620565 ) on Tuesday September 23, 2025 @01:56AM (#65677468)

          It has already failed. People just refuse to see the truth. The voters are incompetent and corrupt so they get the government that reflects them. It's that simple.

          Can it revert to functioning again? Possible but unlikely. Rome died over 300+ years. They don't die instantly.

          NOTE- most Americans won't realize until it's so bad they can't deny it and some will never get it even if he does Musk's Nazi Salute because they are still in denial over that.

          Modern despotism has a fake democratic element so the lower third of the bell curve don't participate in any resistance or help defend the despotic "democracy."

          • The voters are incompetent and corrupt so they get the government that reflects them. It's that simple.

            No, really; Fuck you.

            This was all planned and effected over a 70 year span. Some people in the 1950s recognized the 'baby boom' and how that could be taken advantage of. Well, they did take advantage and the 'boomers' were the first and primary victims. Now that they have been stripped of their wealth (and many just dead), there is little left for their children and grandchildren.

            You can not expect undirected groups to succeed against the machinations of a concentrated and intentional push over time by a gr

            • by cusco ( 717999 )

              undirected groups

              Thus the destruction of the 'free press' in favor of the 'corporate media'. Where once every small town had its own newspaper, television station, and radio broadcaster owned and managed by local people, and larger towns had multiples of each, people managed to stay fairly well informed. Now 4 international media conglomerates own around 90% of all of it, and most of the new Internet media as well, so unless one is willing to put a fairly large amount of time into it staying even minimally informed is alm

          • by kbahey ( 102895 )

            Rome died over 300+ years. They don't die instantly.

            NOTE- most Americans won't realize until it's so bad they can't deny it and some will never get it even if he does Musk's Nazi Salute because they are still in denial over that.

            Modern despotism has a fake democratic element so the lower third of the bell curve don't participate in any resistance or help defend the despotic "democracy."

            Spot on ...

            And even when Rome became a empire, with full autocratic rule, the motto SPQR (Senatus Populusque Romanus, "[For

          • Modern despotism has a fake democratic element so the lower third of the bell curve don't participate in any resistance or help defend the despotic "democracy."

            There's more to it than that. The US also has a weird mix of social values that purport to be "Christian" and politics, which canny politicians can exploit with only the most hollow of gestures. Post a photo of Trump holding up a bible, and half of the south are convinced he's a devout family man sent to them by God. The willful blindness is just distressing to any rational observer.

        • Re: (Score:2, Insightful)

          by Anonymous Coward
          You're not doing anything about it? Oh well, Americans are truly sheep.
        • You weren't "United" at that point? There was a union and a confederacy, effectively two countries? It was not citizens of the same country fighting?

          We Brits had a proper Civil war. We lopped a king's head off. His son, who got asked back later and fcuk knows why, dug up the man that did it, Cromwell, and dragged his corpse around London before executing it again.

          Come on American cousins, keep up. Your levels of brutality are lacking.

      • by bkmoore ( 1910118 ) on Monday September 22, 2025 @10:08PM (#65677232)

        It is not lost on me that during the Biden and Obama administrations the supreme court tended towards limiting Executive power, then during the trump administrations have leant towards a massive expansion of them.

        Trump has been batting 1000 at the Supreme Court when it comes to executive power, or executive immunity. Either our Constitution was designed to have an elected King, and we only discovered that fact 230 years later, or our Supreme Court is supremely corrupt. I tend to believe the latter, as it seems there are only two rules at the Supreme Court: (1) There are no rules, and (2) Trump always wins.

        • A king doesn't have to be a dictator, look at the current European kings

        • The constitution wasn't designed not to have an elected King, since there don't seem to be any functional systems for preventing it. This might be a byproduct of it being designed to maintain the balance of power in favor of white male landowners.

      • Re: (Score:2, Insightful)

        When sane government eventually returns i think it would be prudent for congress to actually set out some clear boundaries as to executive power, and work towards a separation of public service from executive power.

        You are describing the conditions that existed from the 1930s until Republicans learned that the powerful can do anything they want when they give up on the core principles of the Constitution. In their minds, the Constitution died in exile on January 20, 2025, and they see the current unfettered and unprincipled Executive as being no worse than the system that made the United States the global leader in . . . almost everything for their entire lifetimes.

      • by DarkOx ( 621550 )

        Come on man, Obama did litterally whatever he wanted as far as military force, drone strikes on civilians, health policy, social policy implementation via the DOE, expanded subservience that would have made even Dubya blush, forced mergers of private entities, interference in bond holder credit disputes with automakers, etc.

        The Court did nothing to check executive power in the Obama. The ONLY difference was the approach taken at the time. The Court rather than deal with a precedent, just side stepped the

      • it would be prudent for congress to actually set out some clear boundaries as to executive power

        There's absolutely nothing congress can do about it. That's the whole point of this ruling. The law creating the FTC explicitly says it needs to be bipartisan, and members can only be fired for misconduct. The supreme court has just declared the president can ignore the law and do whatever he wants. If congress passes another law to restrict him, he'll just ignore that one too.

        Not even a constitutional amendment would fix it, because the constitution is already totally clear about this:

        "[The President]

    • Well at least... (Score:4, Interesting)

      by skam240 ( 789197 ) on Monday September 22, 2025 @11:31PM (#65677360)

      Well at least Kimmel will be coming back, right?

      Seriously though, given all the news like this it is nice to see at least somebody defying Trump totalitarianism even if it is something small.

    • One question then is why this hasn't happened in the US? One explanation is that the US had the illusion of a not deeply strong President, in part because everyone (including the Presidents) agreed tacitly not to push the limits of their authority that much. The precedent breaking nature here undermines that illusion, and makes it more likely that we'll have years (possibly decades) where the Democrats and Republicans will even more than usual treat everything as a zero sum game with no respects for democratic norms.

      Lots of great points. The first thing a D president will do is fire all the R appointees, not just the traditional political appointees who leave when the President does. Then the next R does the same, resulting in a very unstable governance environment that will negatively impact the economy as companies can't plan long term in such a regulatory environment. Then there's the whole "lets get revenge on the other side by prosecuting/investigating them" payback game.

      The bottom line is that everything about this is bad.

      Very true, but one side is gloating over

      • Lots of great points. The first thing a D president will do is fire all the R appointees,

        Trump, his enablers, lackeys, funders and the 2025 authors are all betting on there NEVER being another D president.

    • even if we get through this with Trump with only some damage

      We won't. It is already 'over'. Welcome to the Fascist States of America. Let's see how long that lasts.

      To prove it, I will be arrested for this comment at some point in the future. Fascists HATE being called a fascist.

  • Utter disrespect (Score:5, Insightful)

    by Anonymous Coward on Monday September 22, 2025 @08:44PM (#65677116)

    They will later complain that nobody told them this was going to backfire. They will act like it was a minor thing and try to blame the Democrats for not stopping them. Everything the Republicans, the Heritage foundation and the Federalist society rely on assumes that American Exceptionalism cannot be defeated simply by them completely undermining all the mechanisms that created it.

    The American century is over.

    • Many of them flat out don't care because they're old and going to die soon anyway. They won't have to deal with the consequences, they got themselves a fine life of privilege.
    • They will later complain that nobody told them this was going to backfire. They will act like it was a minor thing and try to blame the Democrats for not stopping them. Everything the Republicans, the Heritage foundation and the Federalist society rely on assumes that American Exceptionalism cannot be defeated simply by them completely undermining all the mechanisms that created it.

      The American century is over.

      It's almost guaranteed that if there ever is another Democrat administration, they will be stopped at every turn with screams of partisan politics. There's already a flood of messaging on the higher traffic social and political sites stating that everything the Republican party is fucking with is actually "not a both sides issue" with false examples of how the Democrats have done it, or have caused it. My guess is that enough people believe everything they read on these sites that if the bots and repeaters

  • by BlackErtai ( 788592 ) on Monday September 22, 2025 @08:50PM (#65677132) Homepage
    The article states that a Democrat in office after Trump could fire all the Republican board members, but the way SCOTUS is acting now, I wouldn't assume they would find the opposite as soon as a Conservative isn't in office. Since precedents clearly no longer matter, and whatnot.
    • by ArchieBunker ( 132337 ) on Monday September 22, 2025 @09:02PM (#65677144)

      You're assuming that we're able to have another election. Declaring everything is an emergency and putting armed federal troops in cities is totally normal, right?

      • It's far worse than that. The news today said his administration is currently drafting new laws to allow him to declare and wage a global war on narco-terrorists. In other words, people anywhere including USA citizens in the USA can be snatched, imprisoned, and/or killed on a whim for anything the executive branch claims is drug related. This is a massive expansion of his current assassination campaign near Venezuela. The law is based on the 9/11 laws, so the people who complained about that slippery sl

      • As someone with background working in National Security.. You arenâ(TM)t exaggerating if you say we have slipped into authoritarian mode. People have this idea thereâ(TM)s some sticker or flag thatâ(TM)s waved where itâ(TM)s like âoeoh look now we are in a fascist state!â It doesnâ(TM)t work like that. You only need to read a kit virtually any other fascist country to see it happens exactly like thisâ¦
    • by cusco ( 717999 ) <brian.bixby@noSpAm.gmail.com> on Monday September 22, 2025 @09:52PM (#65677210)

      Bush v Gore was the first time that the Supremes ever included the statement that a judgement of theirs could not be used in the future to establish a precedent for any other case. Of course it was used just that way within two years.

    • Re: (Score:3, Informative)

      yeah, that's why SCOTUS was not given Judicial Review powers in the Constitution and just declared fifteen years later that it had that ultimate power "because we have to".

      The Legislature is supposed to manage this nonsense. It has been in a coma since 1995.

      • by stevew ( 4845 )

        I would argue the coma started during the Wilson Administration.

      • The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States

        If there is no Judicial oversight of laws passed, what is the value of having a Constitution? It would mean it could be ignored at will by Congress with the agreement of the President. Take, for example, a law that allocates electoral votes only to states that voted for Trump. What would stop the current Congress and President from doing this if not the courts?

        The Supreme Court did this because they did indeed have to do so. The wording of "all Cases ... arising under this Constitution" seems to give them t

        • by flink ( 18449 )

          If there is no Judicial oversight of laws passed, what is the value of having a Constitution? It would mean it could be ignored at will by Congress with the agreement of the President.

          It can, and has been in the past, cf Andrew Jackson. This is why the court always pussy foots around matters of "national security", e.g. torture at gitmo, extraordinary rendition, mass wire tapping, etc. There is a tacit understanding between the court and the executive. There are certain things the court refuses to rule on because the executive will just ignore them and undermine their authority if it does so.

    • by SlashDotCanSuckMy777 ( 6182618 ) on Tuesday September 23, 2025 @12:06AM (#65677396)

      If a Dem gets into office, he should immediately fire all Republicans in every agency, jail the supreme court members, after a trial of course - and then designate the Republican party as a terroirist organization.

    • by wiredog ( 43288 )

      The Republicans aren't conservative in any sensible meaning of the word. They are radicals. The Democrats are far more conservative than the Republicans these days.

  • Shocked! (Score:5, Funny)

    by ArchieBunker ( 132337 ) on Monday September 22, 2025 @08:57PM (#65677138)

    You're telling me a court that he filled with stooges gives him favorable judgements!

  • by fredrated ( 639554 ) on Monday September 22, 2025 @09:19PM (#65677162) Journal

    activist court in American history. The conservative judges are a disgrace and should be impeached.

  • First they came... (Score:5, Informative)

    by Anonymous Coward on Monday September 22, 2025 @10:03PM (#65677226)

            First they came for the Communists
            And I did not speak out
            Because I was not a Communist

            Then they came for the Socialists
            And I did not speak out
            Because I was not a Socialist

            Then they came for the trade unionists
            And I did not speak out
            Because I was not a trade unionist

            Then they came for the Jews
            And I did not speak out
            Because I was not a Jew

            Then they came for me
            And there was no one left
            To speak out for me

  • Holy fucking shit (Score:5, Informative)

    by rsilvergun ( 571051 ) on Monday September 22, 2025 @10:06PM (#65677230)
    This is just flat out illegal. This is literally not what the law says. This is a flat-out constitutional crisis people. Fuck fuck fuck fuck fuck fuck fuck fuck fuck.

    I don't have anything funny or insightful to say here just fuck.

    This isn't reversing a precedent this is a fundamental breakdown in the rule of law. Barring a miracle our Republic is dead and Trump voters killed it.

    I hope whatever the fuck you think you got from Trump was worth it.
    • This is just flat out illegal. This is literally not what the law says. This is a flat-out constitutional crisis people. Fuck fuck fuck fuck fuck fuck fuck fuck fuck. I don't have anything funny or insightful to say here just fuck. This isn't reversing a precedent this is a fundamental breakdown in the rule of law. Barring a miracle our Republic is dead and Trump voters killed it. I hope whatever the fuck you think you got from Trump was worth it.

      The goal was created, and now has been reached. And the folks who voted for him believe him a savior. I'm not sure what he's saving us from. Sanity? Reason? Rule of law? He declares everything an emergency so he can escalate his powers and his followers cheer. Meanwhile, the rest of us, even those of us who have traditionally been sickened by the idiocy of the Democrats, are left wondering what the hell kind of drugs leads to this level of duplicity being praised as god-like. Everyone knew Trump as a crook

  • Let's see... (Score:5, Insightful)

    by ZombieCatInABox ( 5665338 ) on Monday September 22, 2025 @10:08PM (#65677234)

    ...where we're at so far:

    - Direct attacks on the scientific, intellectual and artistic communities;
    - Direct threats on the sovereinty of allied nations;
    - Direct governement threats on freedom of the press;
    - Random unlawfull arrests of people off the streets;
    - No due process;
    - Unlawfull deportations of certain ethnic groups blamed for all the whoes of the nation;
    - Children forcefully separated from their parents and imprisonned;
    - Concentration camps;
    - Army marching on the streets of the capital and other major cities.

    This all sounds vaguely familiar... Where have I seen that before ?

  • SCOTUS is a joke. (Score:3, Interesting)

    by Vranitzky ( 5222955 ) on Monday September 22, 2025 @11:15PM (#65677342)
    So, the supposedly "great" founding fathers chose to establish a Supreme Court where its members are political appointees by the president (and for life!). Did they think a president would appoint members based on their competency? When has this ever happened? Naturally, the Supreme Court will follow the political ideology of its members. The US will never be democratic while their Supreme body is not. It is a fundamentally broken system, unfixable under the present constitution. complaining about single rulings is pointless: it is a system designed to drift towards authoritarianism. In an ideal world, politicians appointing judges, and the judges themselves, would think of the common good. When has this ever happened? They must have been high while writing the constitution. But go on believing you live in a democracy. The rest of the world is enjoying the shitshow of the final crumbling of the US. Every empire eventually falls. This is the time of the US. China will take much longer, I expect, but they will of course also crumble eventually. Next time someone sets up a new country, they might consider learning from history, since the same has happened countless times. Now let's enjoy the deniers denying. History doesn't care. You can't stop a running river with propaganda.
  • by rsilvergun ( 571051 ) on Monday September 22, 2025 @11:32PM (#65677362)
    As of this writing is the problem with this country.

    This is an overturning of 90 plus years of precedence for no particularly good reason. Is a clear violation of law. We should all be freaking the fuck out right now. The thread should have at least 500 comments on it.

    The problem is I don't think people understand how bad this is. And that's how Trump got to be president twice. People do not understand the systems that protect them let alone that those systems have completely broken down
    • it's a Monday night. People can freak tomorrow. Though it is not a surprise they continue corrupt rulings.

    • As of this writing is the problem with this country. This is an overturning of 90 plus years of precedence for no particularly good reason. Is a clear violation of law. We should all be freaking the fuck out right now. The thread should have at least 500 comments on it. The problem is I don't think people understand how bad this is. And that's how Trump got to be president twice. People do not understand the systems that protect them let alone that those systems have completely broken down

      People understand perfectly well how bad this is, but some are either so shocked they can't put that into words of their own, or are understandably reluctant to voice any dissent in a semi-public way for fear they'll be declared the next emergency that the ICE gestapo must send to El Salvador to save the country.

  • This is no longer a legitimate court. They twist the constitution however they want it. Precedence be damned. That they call this "originalism" is but a sick joke and icing on the cake of corruption.

  • But he won't have a third term as President. Too bad for him.

  • ... can fire all the Republicans.

    More evidence the 2026 election will be stolen. They wouldn't be doing this if there was an honest election.

  • the gloves are off !
  • by Clouseau2 ( 1215588 ) on Tuesday September 23, 2025 @10:38AM (#65678084)

    There is an old clip of George Lucas talking about how when the people feel government can't get anything done, they'll elect a dictator who can get things done.

    This is in the context of his Star Wars films, but it applies really well to today because that is exactly what is happening.

    The previous criminal President we had was Nixon but it was Republicans who told him resign or we'll kick you out of office, and then both parties came together and passed a series of safeguards to prevent the next Nixon from happening.

    Back then, there were conservative Democrats and liberal Republicans unlike today when it's totally polarized thanks to decades of media further polarizing voters and now thanks to social media that has been put on steroids.

    You have the President saying he hates his opposition, meaning the voters who do not support him, and he would not say that if that was not an extremely popular thing to say with his supporters.

    It feels like we're in a Kubrick movie, with the half the country dehumanizing the other half.

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