The Supreme Court will hear a case Tuesday that could threaten the structure of agencies that form an enormous swath of the federal government. At issue is whether a president can fire the heads of independent agencies for any reason.
. But the heads of independent agencies are different because laws insulate them from being fired without reason.“This case could potentially put the legality of many government agencies in doubt,” said Georgetown University law professor Adam Levitin, who believes Congress can limit the president’s ability to fire the CFPB director.
Conservatives have long argued that independent agencies created by Congress such as the CFPB have gotten out of control, violating the Constitution’s separation of powers principles by limiting the power of the president. Boston College law professor Patricia McCoy, a former CFPB official, says the structure of independent agencies is “a very longstanding tradition that has served the economy, the American people, well.”
But the Trump administration is arguing that the Constitution requires that the president have unrestricted power to fire people who hold certain important government positions. It says the restriction on the president’s ability to fire the CFPB director is unconstitutional. The position is a reversal from the Obama administration, which had defended the CFPB’s structure.
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