Kagan Warns Court Is Giving Trump Too Much Power

Elena Kagan Says Supreme Court Is Overriding Congress to Help Trump

The Supreme Court has allowed President Donald Trump to remove a member of the Federal Trade Commission without cause, a move that sparked a sharp dissent from Justice Elena Kagan. Joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, Kagan said the Court is “overriding” Congress and giving Trump powers that lawmakers never approved.

What Happened

The case began when Trump tried to fire an FTC commissioner without citing misconduct or inefficiency. Federal law says these officials can only be removed “for cause.” A lower court blocked the attempt, but the Supreme Court stepped in early, siding with Trump and clearing the way for the firing.

Kagan’s Warning

Kagan called the decision a serious break from long-standing precedent. She pointed to a 1935 case, Humphrey’s Executor v. United States, where the Court ruled that Congress can limit the president’s power to remove members of independent agencies. She argued the majority has now weakened that protection without admitting it.

In her words:

• “Trump may now remove — so says the majority, though Congress said differently — any member he wishes, for any reason or no reason at all.”
• “Our emergency docket should never be used to transfer government authority from Congress to the President.”

Why It Matters

Independent agencies like the FTC, NLRB, and CPSC were set up to make decisions for the public good, not political gain. Critics of the ruling say giving Trump more control undermines these protections and concentrates too much power in the presidency.

Reactions

Democrats, including Rep. Rosa DeLauro, warned that the decision would let Trump install loyalists and weaken safeguards for consumers and workers. Legal experts called Kagan’s dissent a clear warning about executive overreach.

On social media, reactions split along party lines. Supporters of Kagan praised her for defending Congress’s role, while Trump’s backers dismissed her criticism.

Looking Ahead

The ruling gives Trump immediate control over the FTC. Whether Congress or the courts can restore limits on presidential removals will likely be a key fight in the months ahead.