The Supreme Court ruled in a 6-3 decision Thursday that President Donald Trump has the authority to fire independent federal regulators in a major affirmation of the executive branch’s authority.
The high court granted the Trump administration’s request to pause orders by federal judges that required government officials to allow board members at two independent federal agencies to stay in office after President Trump attempted to fire them. Chief Justice John Roberts had already issued an administrative stay, which temporarily put those orders on hold while the court reviewed the administration’s requests.
In effect, Thursday’s ruling extends that order while the litigation continues at the appellate court level and if necessary, the Supreme Court for a final ruling.
In an unsigned two-page order, the high court explained that the decision “reflects our judgment that the Government faces greater risk of harm from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer faces from being unable to perform her statutory duty.”
The decision broke down along ideological lines, with Justice Elena Kagan dissenting from the court’s order in an eight-page opinion joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. Kagan explained