Judge Elena Kagan wrote in her dissent that entities similar to the FTC are independent agencies “whose members serve staggered terms and cannot be removed except for good reason.”
“Yet the majority, stay order by stay order, has handed full control of all those agencies to the President,” wrote Kagan, whose dissent was joined by Justices Sonia Sotomayor and Ketanji Brown Jackson.
Trump “may now remove — so says the majority, though Congress said differently — any member he wishes, for any reason or no reason at all. And he may thereby extinguish the agencies’ bipartisanship and independence.”
Kagan said the court’s conservative majority — which includes three justices whom Trump appointed — may be “raring” to overturn Humphrey’s.
“But until the deed is done, Humphrey’s controls, and prevents the majority from giving the President the unlimited removal power Congress denied him,” she wrote.
“Because the majority’s stay does just that, I respectfully dissent. Our emergency docket should never be used, as it has been this year, to permit what our own precedent bars.”
CNBC
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