Supreme Court showdown: Trump's strategy to test limits of his power could spell doom for administrative state
Outcome could expand presidential authority over the Federal Trade Commission and other independent agencies
By Ashley Oliver Fox News
Published September 29, 2025 6:00am EDT
Trump Set For Massive Victory That Could Cripple Administrative State
Published 2 hours ago
on September 29, 2025
By Mark Steffen
A newly empowered Trump administration may soon test its powers to cripple the administrative state after a groundbreaking decision by the U.S. Supreme Court granting the president broad authority to fire leaders of the Federal Trade Commission.
On the heels of that decision is another examining whether President Donald Trump is within his purview to fire five members of various independent agencies, an outcome that could expand his power and have far-reaching implications for executive authority.
The high court announced last week that it is revisiting the 1935 Humphrey’s Executor v. United States decision, which paved the way for the FTC, the Securities and Exchange Commission, and various labor boards to be insulated from presidential interference.
Hans von Spakovsky, a legal fellow at the conservative Heritage Foundation, told Fox News that the decision is on “life support.”
“The Constitution says the president is the head of the executive branch,” von Spakovsky told Fox News Digital. “That means, just like the CEO of a big corporation, they get to supervise and run the entire corporation, or in this case, the entire executive branch, and you can’t have Congress taking parts of that away from him and saying, ‘Well, they’re going to keep doing executive branch things, including law enforcement, but you won’t have any control over them.’”
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