Pull up a chair. I have got a ruling to walk you through, and I am not going to dress it up, because it does not need dressing up. The Supreme Court just handed the President the power to fire the people whose whole job is to tell him no. The part that stopped me cold is who called it dangerous. Let's do the after-action report.
Here is the situation, plain. There is a whole class of agencies that Congress built to be independent. The referees. They were set up so the President could not just fire the official who rules against him. That firewall has stood for about ninety years. This week the court tore it down. It ruled the President can remove the leaders of those independent agencies, cementing his control over the ones long considered out of his reach.
THE RULING
- Independent agencies were built so the President couldn't fire the referee
- That firewall stood about 90 years
- Court: the President can fire them now
The case had a name and a face. The President moved to fire a commissioner at the Federal Trade Commission, a woman named Slaughter, and the law plainly said he could not do that without cause. The court granted him the power anyway. The question was never about one commissioner. It was whether the man being investigated gets to fire the investigators. The court said he does.
Now here is the part that I cannot file past, because in twenty years I never saw it like this. The justices who lost this one did not just disagree. They condemned it. They called the ruling destabilizing, in writing, from the bench. Sit with that word for a second. These are not protesters outside. These are the court's own members, warning the country that the court just knocked a load-bearing wall out of the house.
THE DISSENT
- The liberal justices didn't just disagree
- They called the ruling 'destabilizing' from the bench
- The court's own members warned the country
Let's talk casualties, because there always are some, and they are never the people in the headline. Think about who an independent agency is supposed to answer to. Not the President. You. The whole point of independent was that it would still call the foul even when the President's friends were the ones committing it. Take the independence out, and you do not have a referee anymore. You have a guy wearing the President's jersey.
THE CASUALTIES
- Agencies that police scams, banks, prices
- Built to call the foul on the President's friends
- Strip independence and the referee wears his jersey
I am going to be fair here, because I always am, and because this proves the point. This same court, on this same day, did not just rubber-stamp the man. It upheld a state law counting mail-in ballots that arrive after election day, and that one cut against his side, not for it. Nobody can tell you these justices are just a rubber stamp. That is exactly why this firing ruling lands so hard.
The same week, that court also rejected the President's bid to wriggle out of the five million dollar verdict in the E. Jean Carroll case. It also ruled that those geofence warrants, the ones that scoop up everybody's phone location near a crime, need real constitutional protection. Good rulings. The kind that tell you the law is still in there somewhere. Which is why I trust them when they sound the alarm.
THE SAME WEEK
- Rejected Trump's appeal of the $5M Carroll verdict
- Geofence warrants now need constitutional protection
- A court that still says no - sometimes
Here is why I keep using the word firewall. The founders were not naive men. They assumed every President would eventually be tempted to put a thumb on the scale. They spread the power out, on purpose, so no one man held it all. An independent agency is one of those guardrails. This week the court looked at one of those guardrails and decided the President should be allowed to take it down himself.
I want to head off the easy answer, the one I would have given thirty years ago. Elections have consequences, sure. This is not about one party, though. The next President inherits this exact power. You do not get to cheer the king when he is on your side and act surprised when the crown changes heads. A power this big does not belong to a man. It belongs to the office, forever.
Here is the honest assessment, and I am not going to soften it. A ninety-year guardrail came down this week, and the people who took it down were warned, by their own colleagues, that it would destabilize the country. They did it anyway. The referees now wear the home team's colors. You do not have to be a Democrat to find that frightening. You just have to remember why we put the referees there. Anyway. Facts are hard to argue with. I'm Mark, and this is Pixel Politics.
THE HONEST ASSESSMENT
- A 90-year guardrail came down
- Warned it was destabilizing - they did it anyway
- Remember why we put referees there