A U.S. Supreme Court opinion issued last month expands presidential power over independent federal agencies, prompting warnings from environmental advocates about potential implications for states such as North Dakota.
The court’s conservative majority said President Donald Trump had the authority to fire a former Federal Trade Commission member without cause. Legal observers countered the opinion nullifies longstanding precedent involving the role of Congress in insulating certain federal agency officials from direct presidential control.
Doug Lindner, senior director of judiciary and democracy for the League of Conservation Voters, said he worries the decision weakens checks and balances and shifts more power to corporations.
“So many agencies across the government are created by Congress for the purpose of reining in big business and ensuring that it’s accountable to the law and accountable when it does things to the people that it shouldn’t be able to do,” Lindner explained.
Lindner worries the ruling could increase political pressure within the Federal Energy Regulatory Commission. He added in North Dakota, where fossil fuel infrastructure has a large presence, polluters could be held less accountable.
Supporters of the decision said it aligns with the view the president needs control over the executive branch. Chief Justice John Roberts wrote, “The President must have the assistance of officers he can trust.”
Lindner argued no matter which party controls the White House, giving a president so much control is dangerous for democracy.
“The president is not supposed to have all the power — Congress is supposed to have the most power, and the president takes an oath to ensure that the laws are faithfully executed,” he emphasized.
In addition to environmental concerns, opponents of the decision warned it could lead to fewer consumer protections and more dangerous workplaces.
The court made one exception in its action on the issue. For now, it blocked the firing of Federal Reserve governor Lisa Cook while she challenges the president’s move.
Presidential powers: Corporate abuses big concern after SCOTUS move was first published by Public News Service and was republished with permission.
Mike Moen is a producer with PNS.
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