South Carolina Attorney General Alan Wilson has expressed support for the recent decision by the U.S. Supreme Court that permits President Trump to remove a member of the Federal Trade Commission (FTC) and to review broader questions about presidential authority over unelected executive officials.
“This is a win for the rule of law and the separation of powers of the three branches of government,” Attorney General Wilson said. “The Founding Fathers gave the president authority to direct the executive branch, which includes being able to hire and fire members of boards and commissions under his authority.”
The case, Trump v. Slaughter, centers on President Trump’s removal of Rebecca Slaughter from her position as an FTC Commissioner. After her dismissal, Slaughter filed a lawsuit challenging her removal. The Supreme Court has allowed her termination to proceed and will hear arguments in December regarding federal laws that limit when certain officials can be fired, considering whether such protections conflict with presidential powers outlined in Article II of the U.S. Constitution.
Attorney General Wilson joined 22 other state attorneys general and the Arizona legislature in submitting a friend-of-the-court brief supporting President Trump’s stance. The brief contends that without full authority over removals, “the President lacks the ability to compel compliance with his directives, and thus to fulfill his oath to execute the law, U.S. Constitution Article II, subsection 3.”
The brief also states: “by threatening the separation of powers, ‘independent’ executive officers and agencies in turn threaten state sovereignty,” suggesting that consolidating power among unaccountable officials could undermine both federal structure and state rights.
