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Two high-stakes Supreme Court battles over President Donald Trump's authority to remove federal officials could reshape the balance of power in Washington, but legal experts say the justices may draw a sharp line between the cases.At the center of the debate are Slaughter v.Trump, involving the firing of Federal Trade Commission Commissioner Rebecca Kelly Slaughter, and Trump v.
Cook, involving Federal Reserve Governor Lisa Cook.While both cases touch on presidential removal power, legal scholars say the disputes present fundamentally different legal questions.In Slaughter, the administration is directly challenging statutory restrictions on the president's ability to remove FTC commissioners, arguing that limits on the president's authority to fire commissioners violate his Article II executive powers.
But in Cook, the central question is whether Trump met the Federal Reserve Act's "for cause" removal requirement.Trump has argued that Cook's alleged misconduct involving mortgage disclosure documents justified her removal for cause.Catholic University of America law professor Joel Alicea said Solicitor General John Sauer's approach during oral arguments in Slaughter differed significantly from his strategy in Cook.
The Trump administration argued in Slaughter that the FTC Act's removal limit — which allows the president to fire commissioners only for reasons such as inefficiency, neglect of duty or misconduct — unconstitutionally restricts the president's Article II authority."In the Slaughter case, they are making the explicit constitutional argument that it doesn't matter what the statute says, the president gets to fire the FTC commissioners at will," Alicea said.SCOTUS TAKES UP TRUMP’S BID TO FIRE FTC COMMISSIONER AT WILL — A SHOWDOWN THAT COULD TOPPLE 90-YEAR PRECEDENTA triple split-screen compilation displaying Federal Trade Commissioner Rebecca Slaughter at a roundtable panel, U.S.President Donald Trump speaking from behind the Resolute Desk in Wa...