America First Legal files amicus brief in FTC case before Supreme Court
"The President necessarily must be able to remove any official who does so, and it is time for the Supreme Court to finally overturn Humphrey’s Executor for good," AFL President Gene Hamilton said
America First Legal filed an amicus brief in the Federal Trade Commission case before the Supreme Court, which is over whether President Trump has the authority to fire a FTC commissioner.
AFL announced Monday that it filed an amicus brief with Mitchell Law PLLC on Friday, urging the Supreme Court to rule that Trump has the constitutional authority to remove executive officials.
In March, Trump fired Rebecca Slaughter, a Democrat who was appointed to the FTC in 2018. Slaughter sued over the firing, arguing that Trump didn't have the authority to remove her from her position.
AFL asked the Supreme Court to overturn its 1935 decision in Humphrey’s Executor v. United States, which "stripped presidents of control over so-called 'independent' agencies like the Federal Trade Commission (FTC)—allowing unelected bureaucrats to wield executive power without accountability to the American people," according to the nonprofit law firm.
AFL argues that the landmark case is unconstitutional, and that the Supreme Court should overturn it.
“The Federal Trade Commission undoubtedly exercises executive power. The President necessarily must be able to remove any official who does so, and it is time for the Supreme Court to finally overturn Humphrey’s Executor for good,” AFL President Gene Hamilton said.