Justice Elena Kagan warned Monday that the Supreme Court is "overriding" Congress to hand President Donald Trump sweeping new powers over independent agencies.
Her dissent came after the court, in a 6-3 decision, allowed Trump to fire Federal Trade Commission member Rebecca Slaughter while the justices consider whether to overturn a 90-year-old precedent limiting presidential removals.
The conservative majority offered no explanation, as is typical on its emergency docket, but signaled a willingness to revisit the landmark 1935 Humphrey's Executor ruling.
Kagan, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson , said the court has repeatedly cleared firings that Congress explicitly prohibited , thereby shifting control of key regulatory agencies into the pr