Trump admin aims for killing blow to independence of ‘Deep State’ agencies

President Donald Trump’s Department of Justice is making a bold move to give the president greater control over independent three-letter agencies. The DOJ is seeking to overturn a landmark Supreme Court case, Humphrey’s Executor v. United States, in order to allow Trump to more easily fire officials who refuse to implement his policies.

The case, decided in 1935, limited the president’s power to remove agents of the executive branch. However, the acting U.S. solicitor general, Sarah Harris, has determined that certain for-cause removal provisions that apply to certain administrative agency members are unconstitutional. The DOJ will no longer defend their constitutionality and plans to ask the Supreme Court to overturn the precedent set by Humphrey’s Executor.

This move has sparked controversy, with Illinois Democratic Sen. Dick Durbin calling it a “striking reversal of the Justice Department’s longstanding position.” Conservatives, on the other hand, argue that overturning Humphrey’s Executor would align the federal government with the original intent of the Constitution’s framers.

According to Hans von Spakovsky, Senior Legal Fellow at the Heritage Foundation, the president should have complete control over the executive branch, including the hiring and firing of agency heads. The exception carved out by the Court in Humphrey’s Executor does not apply to federal agencies like the Federal Trade Commission, the National Labor Relations Board, and the Consumer Product Safety Commission.

The Trump administration has already faced lawsuits over federal employee dismissals, and this latest move is likely to face legal challenges as well. Ronald Pestritto, Professor of Politics at Hillsdale College, believes that the administration is seeking to push these cases to the Supreme Court in hopes of overturning Humphrey’s Executor.

While Democrats may win injunctions at the lower court level, Pestritto believes that the Supreme Court may be open to reconsidering the precedent set by Humphrey’s Executor. Ultimately, the outcome of these legal battles will determine the extent of the president’s power over independent agencies.

Overall, the Department of Justice’s efforts to overturn Humphrey’s Executor represent a significant shift in the balance of power between the president and independent agencies. The outcome of this legal battle will have far-reaching implications for the future of executive branch oversight and accountability.