The Supreme Court seems poised to affirm President Donald Trump’s authority to fire employees of independent federal agencies, Joe diGenova, former U.S. attorney for Washington, D.C., and Victoria Toensing, a former senior Justice Department official, told Newsmax on Tuesday.
On Monday, the Supreme Court temporarily paused a judicial order that required the Trump administration to reinstate a Biden-appointed member of the Federal Trade Commission, keeping Rebecca Slaughter out of her position for now. The administrative stay will give the justices additional time to consider Trump’s request to allow him to fire Slaughter prior to the end of her term.
While appearing on “The Chris Salcedo Show,” diGenova said he thinks the Supreme Court will ultimately end up agreeing with the president’s argument that he should be permitted to fire federal employees.
“They’ve already issued a temporary stay, which says that the president — by a vote of 6 to 3, the justices rule he does have the power to fire a member of the Federal Trade Commission,” he said.
“So what they’re going to do now is they’re going to hold argument in December. And then they will issue a long formal opinion, which will, as far as we know, reverse a famous Supreme Court case — Humphrey’s Executor, during the Roosevelt administration — and will say that the president of the United States has the authority to remove members of so-called independent federal agencies, and this will put the Constitution back where it belongs.”
Toensing seconded diGenova’s opinion, saying she believes the high court will uphold Trump’s authority when it comes to personnel decisions.
“President Trump’s position is: The Constitution says I’m the chief executive, and the Constitution says I’m supposed to exert all the influence to carry out all the laws of the United States; how can I possibly do that unless I have the ability to hire and fire?” she said.
“It’s called the unitary executive position — first started in the Reagan administration. And I think the Supreme Court is going to say the president can hire and fire people.”
Chief Justice John Roberts, who handles emergency filings in Washington, D.C., reportedly issued the temporary stay.
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