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Power Struggle: Can the President Fire Federal Officials?

USAWednesday, December 10, 2025
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The Supreme Court is engaged in a heated discussion about whether the president can fire officials from the Federal Trade Commission (FTC). This case isn't just about the FTC; if the court rules in favor of the president, it could significantly expand executive power over other independent agencies.

Justice Sotomayor Raises Concerns

Justice Sonia Sotomayor expressed strong reservations, noting that independent agencies have been a cornerstone of the U.S. government since its inception. She warned that the Trump administration's argument could disrupt the entire system, asking where else the court has made such sweeping changes to the government.

She wasn't alone in her concerns. Justice Elena Kagan argued that if the court sides with the administration, the president could accumulate too much power, effectively controlling both lawmaking and enforcement.

Conservative Justices Weigh In

The conservative justices also had questions. Justice Brett Kavanaugh sought clarification on how this ruling would impact the Federal Reserve, asking the solicitor general to explain the distinctions.

Solicitor General's Argument

D. John Sauer, the solicitor general, contended that the Constitution grants the president the authority to remove executive officers. He argued that a previous ruling should be overturned.

However, Sotomayor remained unconvinced, stating that the administration's position could jeopardize the independence of other courts and the civil service, potentially concentrating too much power in the presidency.

The Stakes Are High

This case could redefine the balance of power in the government. If the court rules in favor of the administration, the president's control over independent agencies could expand. Conversely, a ruling against the administration could limit executive authority.

The justices are well aware of the implications, asking tough questions and carefully considering the broader consequences. This isn't just about the FTC—it's about the entire system of checks and balances.

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