Next attack on federal agency power is already before the US Supreme Court | Reuters

In a little-noticed June 14 petition to the justices, two educational groups that brought a Freedom of Information Act lawsuit against the U.S. Consumer Products Safety Commission asked the Supreme Court to take up the question of whether precedent dating back to 1935 shields commissioners heading modern-day federal agencies from being fired at the whim of the U.S. president.

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These modern agencies, the petition argued, have become a de facto fourth branch of the U.S. government, exercising profound power over the lives of all Americans without accountability to U.S. presidents or voters. The U.S. Constitution, the petition argued, does not countenance that regime.

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If the Supreme Court takes the case and ultimately agrees with the groups’ theory, its decision would call into doubt the constitutionality of dozens of U.S. agencies, including the Securities and Exchange Commission….

Source: Next attack on federal agency power is already before the US Supreme Court | Reuters