Inside the Supreme Court's death wish for Americans

In a 6-3 decision breaking on partisan lines, the Supreme Court ruled in Trump v. Slaughter that Trump can fire Federal Trade Commissioners and other federal agency directors without cause. The ruling overturns longstanding Supreme Court precedent and express statutory instruction that combined to protect the political independence and subject matter expertise of federal agencies for over 90 years.

The ruling presents a novel reading of a president’s Constitutional duty to “take care that the laws be faithfully executed,” expanding that power for a rogue president hellbent on breaking laws instead of executing them. As Justice Sotomayor put it, “The Court… is elevating (Trump) above his once-coequal branches by transforming a duty to take care that the laws be faithfully executed into a license to act in defiance of those very laws.”

An activist Roberts Court has now written into existence an all-powerful unitary executive despite elaborate instructions in art. I, II and III to keep the three branches of government separate and equal. Rejecting federal laws that restrict a president’s removal of agency directors to for-cause removal, SCOTUS has made the president all powerful and Congress less relevant, while arrogating scientific and technical questions to itself.

Trump’s corporate donors can now choose their own regulators

Before republicans on the bench rewrote it this week, the Federal Trade Commission Act stated that a President could only remove a commissioner for “inefficiency, neglect of duty, or malfeasance in office.” That statute clearly and intentionally barred presidents from firing directors for partisan or corrupt reasons, and from punishing regulators who rule against a president’s corporate donor(s). Vesting a singularly authoritarian executive with unprecedented, expansive powers, the Supreme Court re-wrote federal laws to advance their own political narrative.

Over two dozen federal agencies will be affected, covering everything from the financial markets, the commodities markets, and nuclear power. Agencies like the Federal Trade Commission, Federal Communications Commission, and the Securities and Exchange Commission were all Congressionally designed to be independent watchdogs, enforcers insulated from partisan whims. Now Trump can remove any commissioners who threaten to rule against his allies, assuring that his political supporters will be afforded preferential review, licensing, merger approvals and other rulings.

With Trump’s new latitude to fire any agency head who threatens meaningful regulation, his corporate donors have been effectively empowered to choose their own regulators. Federal laws passed to protect human health, finance, banking, communications, workplace safety, and clean air, soil and water have been rendered functionally meaningless.

Replacing science, expertise and merit with political fealty

Congressionally created and funded federal agencies serve express, statutory purposes written to safeguard the American public. The Supreme Court had protected agency autonomy and expertise dating back to 1935, ruling that some degree of autonomy was necessary for federal agencies to meet specific scientific, economic, communications, trade, health, and environmental mandates. Federal agencies were never meant to be a president’s personal toys with which to reward donors and cronies.

For a president in the habit of accepting lavish gifts and cash from foreign governments, along with hundreds of millions from domestic supplicants, finding even more room for self-dealing, corruption and political favoritism must be heady. For the rest of us, it’s dangerous. We actually need competent people to run the federal government, even in its post-DOGE watered down state.

If Trump declares that every home must be heated by dirty coal, the head of the Energy Commission must try to effectuate that command no matter the harm to Americans’ lungs. If Trump declares that particulate matter, fossil fuels and the widespread use of Monsanto is good for the environment, any EPA director who contradicts him with cancer and death statistics will be silenced through removal. It’s governance by full Idiocracy.

A know-nothing, anti-science president can now follow his gut

To every American outside the Fox News propaganda bubble, Trump has demonstrated astonishing incompetence on all fronts. From economically illiterate tariffs to our defeat in Iran, sprinkled with comically disastrous results in between, an ignorant and arrogant “I follow my gut” Trump revels in rejecting science and expertise as Americans pay the price.

The only thing saving the nation from complete chaos and disaster to date is that several federal agencies had retained some level institutional competence despite Trump (and Musk’s) best efforts to dismantle them. The people Trump brought in to destroy federal institutions were expressly chosen for their lack of competence, which tracks for an administration dismantling the entire federal government to advance an oligarchs’ coup. Trump’s cabinet has widely and apolitically been described as the least competent and least qualified Cabinet in US history, and any federal agency left standing is about to morph into a Trump-affiliated, for-profit private scheme.

Trump has said that Article II of the Constitution gives him “the right to do whatever I want.” The same six justices who handed him immunity for crimes committed in office just agreed with him.

The rest of us can kiss health, safety, banking, and environmental regulations goodbye. The best advice I can give anyone is to 1. Vote, and 2. Buy a damn good oxygen mask.

Sabrina Haake is a political analyst and 25+ year federal trial attorney specializing in 1^st and 14^th A defense. She writes the free Substack, The Haake Take.

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