Justice Sotomayor Questions Trump Lawyer on Executive Power and FTC Commissioner Firing

Presidential Removal Power Debate

• ⚖️ Justice Sotomayor questioned Solicitor General D. John Sauer regarding the consistency of arguments about absolute executive power.
• 💡 Sauer's argument suggests that current court interpretations of executive power hold more weight than those of historical jurists like Holmes and Brandise.

Independence of Agencies

• 🏛️ The discussion touched upon the importance of independency for agencies like the FTC and the Federal Reserve, as emphasized by Congress.
• ⚠️ Sotomayor raised concerns that the argument for executive power might undercut the independence of these agencies, questioning whether Congress would prefer no agency at all.

Constitutional Interpretation

• 📜 Sauer argued that the separation of powers and the vesting of executive power in the President are constitutional values, not the prestige of agency independence.
• 🚀 He reiterated the precedent of the President's exclusive and illimitable power to remove executive officers, suggesting Humphrey should be overruled.
• ❓ Sotomayor pressed Sauer on consistency, highlighting his argument for severability actions in this case, contrasting with potential stances of other justices.