South Carolina Attorney General Alan Wilson has expressed approval of a recent decision by the U.S. Supreme Court that permits President Trump to remove a member of the Federal Trade Commission (FTC). The court’s ruling also includes an agreement to consider the broader issue of presidential authority to dismiss other unelected executive officials.
“This is a win for the rule of law and the separation of powers of the three branches of government,” Attorney General Wilson said. “The Founding Fathers gave the president authority to direct the executive branch, which includes being able to hire and fire members of boards and commissions under his authority.”
The case in question, Trump v. Slaughter, involves President Trump’s removal of Rebecca Slaughter from her position as an FTC Commissioner. After her dismissal, Slaughter challenged the decision in court, but the Supreme Court has now allowed her removal to proceed. The court will also hear arguments in December regarding federal laws that protect certain officials from arbitrary dismissal and whether such protections conflict with a president’s constitutional powers over the executive branch.
Attorney General Wilson joined 22 other state attorneys general and the Arizona legislature in filing an amicus brief supporting President Trump’s stance. Their brief asserts that presidential authority over FTC commissioners is absolute, stating: “…the President lacks the ability to compel compliance with his directives, and thus to fulfill his oath to execute the law, U.S. Constitution Article II, subsection 3.”
The group further contends that “by threatening the separation of powers, ‘independent’ executive officers and agencies in turn threaten state sovereignty,” arguing that concentration of power among unelected officials undermines accountability.
