Centralized Power

The six Republican appointees who dominate the US Supreme Court appeared ready Monday to take a huge step in consolidating more American power around one person, the president, at the expense of Congress.

Under the leadership of Chief Justice John Roberts, who since his days as a lawyer in Ronald Reagan’s Justice Department has held a robust view of executive prerogative, the supermajority telegraphed its intent to potentially give Donald Trump control over dozens of independent federal agencies. In doing so, the court could partially or wholly reverse a 90-year-old precedent that Roberts and proponents of the “unitary executive theory” have long had in their sights.

It would be the latest in a series of moves by the court to limit or overrule existing case law in favor of legal interpretations that follow GOP priorities on everything from voting rights and deregulation to firearms and reproductive freedom. In this case, a ruling in favor of Trump also would fulfill one of the aims of Project 2025, the far-right manifesto co-authored by some members of the current administration.

Chief Justice John Roberts, left, and Associate Justice Elena Kagan Photographer: Win McNamee/Getty Images

During oral arguments today, the justices suggested they will let Trump permanently remove Rebecca Kelly Slaughter from the Federal Trade Commission despite laws passed by Congress that say commissioners can be fired only for specified reasons. Slaughter’s ouster would leave the consumer-protection agency without any Democratic commissioners.

The high court’s three Democratic appointees attacked the administration’s support for expanding the executive branch’s remit. Associate Justice Elena Kagan concluded it would mean “massive, uncontrolled, unchecked power in the hands of the president.” —David E. Rovella and Natasha Solo-Lyons