The Dictatorship
The consequences of John Roberts’ FTC pronouncement will be felt long after Trump
On Monday, the Supreme Court turned a blind eye to President Donald Trump’s unlawful termination of a Democratic member of the Federal Trade Commission. In doing so, the court further strengthened the hand of an administration intent on tightening its grip on every aspect of the federal government. Once again, the nation’s highest court used its shadow docket to overturn two lower court rulings with minimal explanation — or, in this case, with no explanation at all. Once again, Trump asked a highly partisan Supreme Court to rubber-stamp a blatantly political action, one that clearly violates the spirit and letter of the law — and the court obliged.
This ruling, however, is bad not only for Trump’s critics but also for the viability of independent agencies. By rewriting the rules for Trump, the court has opened the door for future presidents of both parties to exploit its precedent. This decision signals the beginning of the end of these agencies that were created to protect the interests of the American people, not serve the political whims of whoever occupies the Oval Office.
Allowing a president to fire commissioners or board members who refuse to do his bidding eviscerates an agency’s autonomy.
The Federal Trade Commission is an independent watchdog agency created in 1914 to protect the public from deceptive or unfair business practices. For more than a century, the FTC has sought to be an objective referee of the marketplace by promoting competition, preventing monopolies and stopping scams and frauds. Congress specifically designed the FTC to be bipartisan and independent. The five commissioners have staggered seven-year terms, no more than three can be from the same political party, and they can be removed by the president only for “inefficiency, neglect of duty, or malfeasance in office.”
The only previous time a president attempted to remove an FTC commissioner was in 1933, when Franklin D. Roosevelt fired William Humphrey — who was appointed by Roosevelt’s predecessor, Herbert Hoover — over policy differences. Humphrey challenged his dismissal, and in the landmark 1935 case of Humphrey’s Executor, the Supreme Court unanimously ruled the restriction on the president’s removal power to be constitutional and declared Humphrey’s termination illegal. The court explained that the president’s power over the executive branch is not without limits and that Congress’ authority to create independent agencies not subject to the president’s control “cannot well be doubted.”
That was then.
In March, Trump fired Democratic commissioner Rebecca Slaughter, whom he himself had appointed in 2018, claiming her service is “inconsistent with my Administration’s priorities.” Slaughter sued, and in July, U.S. District Judge Loren AliKhan ruled in her favor, citing Humphrey’s nearly identical case from 90 years earlier.
But in between Slaughter’s filing her lawsuit and AliKhan’s ruling, the Supreme Court weakened the independence of other federal agencies. In May, it paused lower court rulings reinstating members of the National Labor Relations Board and the Merit Systems Protection Board whom Trump had fired without cause, in violation of the applicable laws. The Supreme Court did not consider the appeals of those rulings — which had been upheld by an appellate court — in its usual manner of extensive briefing and oral argument. Instead, it used its emergency docket — also known as the “shadow docket” — to stop the rulings from being implemented while offering scant accounting of its reasoning. In a two-page ruling (the judicial equivalent of condensing a John Grisham novel into a tweet), the Court’s majority indicated that the for-cause removal restrictions for the NLRB and the MSPB were unconstitutional.
On Monday, only six days after the U.S. Court of Appeals for Washington, D.C., approved the lower court’s reinstatement of Slaughter’s going into effect, Chief Justice Roberts issued a two-sentence orderwith no explanation, that reversed course and permits Slaughter’s removal.
Supreme Court precedent, of course, outlasts any administration.
Humphrey’s Executor is on life support. That presumably means nothing to the majority of Americans, but they will certainly feel the impact of its loss. Congress established many independent agencies with express limits on the president’s removal authority. Examples include the National Transportation Safety Board, the Occupational Safety and Health Review Commission, the Federal Housing Finance Agency and the Federal Reserve, just to name a few. (In its May ruling, the Supreme Court’s majority expressly distinguished the Federal Reserve from the NLRB and the MSPB. Justice Elena Kagan’s dissent welcomed that distinction “to avoid imperiling the Fed” but noted it was “out of the blue” because the Fed’s independence rests on the same legal foundation as that of those and other agencies.)
As the Supreme Court explained in Humphrey’s, for-cause removal goes hand in hand with an agency’s independence. Allowing a president to fire commissioners or board members who refuse to do his bidding eviscerates an agency’s autonomy. With Monday’s ruling, the Supreme Court is not merely reinterpreting Humphrey’s to narrow its application for other agencies. It is throwing out the precedent completely, giving nearly limitless power to Trump to force every supposedly independent federal agency to serve his political interests.
We would be naive to expect the demise of agencies’ independence to miraculously reappear after this president leaves office. Supreme Court precedent, of course, outlasts any administration.
As the White House swings back and forth between parties, we can expect significant policy changes from different presidents’ handpicked loyalists who are responsible for keeping our highways and skyways running smoothly, setting workplace safety standards and maintaining the stability of our housing finance system, as well as controlling the monetary policy that affects our mortgage payments, fortifies our economy and protects against hyperinflation.
Even worse, we could see the extreme politicization of these agencies. Trump supporters who cheer the president’s having absolute authority over (formerly) independent agencies will shudder to think about, for example, the Federal Communications Commission’s enforcing truth-in-advertising rules only against conservative media outlets or the Environmental Protection Agency’s fast-tracking permits and subsidies for renewable energy projects that use union labor.
Congress made the FTC independent to insulate it from the “volatile political headwinds that might jeopardize its mission,” as Judge AliKhan wrote in her ruling reinstating Slaughter. That insulation from political pressure promotes independent agencies’ effectiveness, maintains their credibility and ensures that they serve the public, not the president. But this Supreme Court, in egregious acts of what conservatives usually decry as judicial activism, is circumventing Congress’ intent and putting these agencies under the president’s thumb.
For nearly a century, for-cause removal protections have helped preserve our constitutional system by balancing power between the legislative and executive branches and protecting critical federal agencies from the political interests of the president. Overturning that precedent does not merely weaken the FTC and other agencies; it fundamentally changes the checks and balances that safeguard our democracy and guarantee our liberty. Placing this new power in the hands of current and future administrations leads to a government in which public accountability is a mirage and partisan loyalty is reality.
Andrew Warren
Andrew Warren is senior counsel at Democracy Defenders Action. He previously was a prosecutor with the U.S. Justice Department and the elected district attorney in Tampa, Florida.
The Dictatorship
House approves bill to fund the Department of Homeland Security and end the record shutdown
WASHINGTON (AP) — President Donald Trump swiftly signed a bipartisan legislation Thursday to fund much of the Department of Homeland Securitybut not its immigration enforcement operations, shortly after the package won final approval in the House, ending the longest agency shutdown in history.
The quick action after weeks of political blame brought an abrupt end to the months-long standoff that began after Trump’s deadly immigration crackdown in Minneapolis launched a reckoning on Capitol Hill over the funding for the president’s agenda.
DHS has been without routine funds since Feb. 14, causing hardship for workers, though many of the immigration enforcement operations were able to keep running with separate funding sources. The White House had warned that temporary funding Trump had tapped to pay Transportation Security Administration and other agency personnel would “soon run out.” Some employees risked missed paychecks in May.
“It is about damn time,” said Rep. Rosa DeLauro of Connecticut, the top Democrat on the House Appropriations Committee, who proposed the bipartisan bill more than 70 days ago.
The House swiftly voted by voice earlier Thursday, without a formal roll call, to pass the measure.

House Appropriations Committee ranking member Rosa DeLauro, D-Conn., left, questions Interior Secretary Doug Burgum, right, during the committee’s budget hearing on Capitol Hill, Monday, April 20, 2026, in Washington. (AP Photo/Manuel Balce Ceneta)
House Appropriations Committee ranking member Rosa DeLauro, D-Conn., left, questions Interior Secretary Doug Burgum, right, during the committee’s budget hearing on Capitol Hill, Monday, April 20, 2026, in Washington. (AP Photo/Manuel Balce Ceneta)
The movement in Congress comes as DHS is under intense scrutiny after Trump ousted Kristi Noem as the department’s leader, installing Oklahoma Sen. Markwayne Mullin in the middle of the shutdown. The agency counts some 260,000 employees, across TSA, the Coast Guard, FEMA and other operations.
Many workers have endured repeated turmoil with potential furloughs and pay lapses as the congressional stalemate dragged on. This shutdown came on the heels of last year’s governmentwide closure, which itself had set a record at 43 days. Countless employees have struggled with bills or simply quit their jobs.
Trump’s deportation strategy fueled the dispute
In the aftermath of the fatal shootings of Renee Good and Alex Prettiboth U.S. citizens, by federal agents during protests against the immigration actions in Minneapolis, Democrats refused to fund U.S. Immigration and Customs Enforcement and the Border Patrol without changes to those operations.
At the same time, Republicans would not go along with a plan pushed by Democrats to fund TSA and the other parts of DHS without the money for ICE and Border Patrol. They insisted that immigration operations must not be zeroed out.
After the shutdown intensified, with hourslong lines at airport security screeningthe Senate unanimously approved the bipartisan package without the immigration-related funds in a middle-of-the-night vote a month ago. Then the bill languished in the House.
House Speaker Mike Johnson, R-La., himself had called the legislation a “joke.”
To break the impasse, Republican leaders in both the House and Senate decided to tackle the immigration enforcement funding on their own through what is called budget reconciliation, a cumbersome weekslong process ahead.
By beginning that path with a separate vote late Wednesday night, adopting a GOP budget resolution to eventually provide $70 billion for immigration and deportation operations for the remainder of Trump’s term in 2029, Johnson was able to unlock the broader bipartisan bill for the rest of DHS.
House Speaker Mike Johnson of La., watches before Britain’s King Charles III arrives to speak to a joint meeting of Congress in the House Chamber at the U.S. Capitol, Tuesday, April 28, 2026, in Washington. (AP Photo/Matt Rourke)
House Speaker Mike Johnson of La., watches before Britain’s King Charles III arrives to speak to a joint meeting of Congress in the House Chamber at the U.S. Capitol, Tuesday, April 28, 2026, in Washington. (AP Photo/Matt Rourke)
Johnson acknowledged Thursday that while he had trashed the bipartisan bill before, the new budget process ensure that the immigration enforcement money eventually will flow “with no crazy Democrat reforms.”
“We threw a fit,” the speaker said. “We had to.”
But not all Republicans were pleased. During the quick floor action Thursday, Rep. Chip Roy of Texas said isolating the immigration-related money on a separate track is “offensive to the men and women who serve in ICE and Border Patrol, and are serving this country every single day.”

The U.S. Capitol is silhouetted against the a hazy morning sky, Monday, April 27, 2026, in Washington. King Charles III and Queen Camilla arrive in the U.S. today for a four-day state visit aimed at celebrating the United States’ 250th anniversary, including a White House state dinner and a speech to Congress. (AP Photo/Matt Rourke)
The U.S. Capitol is silhouetted against the a hazy morning sky, Monday, April 27, 2026, in Washington. King Charles III and Queen Camilla arrive in the U.S. today for a four-day state visit aimed at celebrating the United States’ 250th anniversary, including a White House state dinner and a speech to Congress. (AP Photo/Matt Rourke)
White House warned paychecks were at risk, again
The White House had urged Congress this week to act, warning that the money Trump tapped to temporarily pay TSA and other workers through executive actions was drying up.
Immigration enforcement workers have largely been paid through the flush of new cash — some $170 billion — that Congress approved as part of Trump’s tax cuts bill last year. Others, including at the TSA, have had to rely on Trump’s intervention through executive action to ensure their paychecks. Most of its employees are considered essential and have remained on the job.
But with salaries topping a combined $1.6 billion every two weeks, Mullin said recently that the money was dwindling.
On Thursday, he said in a social media post that the shutdown “NEVER should have happened.”
Sen. Markwayne Mullin, R-Okla., speaks with reporters on the steps at the Capitol in Washington, Thursday, March 5, 2026. (AP Photo/J. Scott Applewhite, File)
Sen. Markwayne Mullin, R-Okla., speaks with reporters on the steps at the Capitol in Washington, Thursday, March 5, 2026. (AP Photo/J. Scott Applewhite, File)
More than 1,000 TSA officers have quit since the shutdown began, according to Airlines for America, the U.S. airlines trade group that on Wednesday called on Congress to fully fund the Cabinet department.
Everett Kelley, national president of the American Federation of Government Employees, said while workers are “pleased that Congress finally stepped up to do their jobs and fund DHS, it is unacceptable that it took them this long to do so.”
He said “federal employees are not political pawns. They are not leverage. They are Americans -– and they deserve to be treated with dignity and respect.”
Complicated budget strategy ahead
The go-it-alone strategy under the budget resolution process is the same that was used last year to approve Trump’s tax cuts bill, which all Democrats opposed.
With the budget resolution now adopted by the House and Senate, lawmakers will next draft the actual $70 billion ICE and Border Patrol funding bill, with voting expected in May.
Trump has said he wants it on his desk by June 1.
___
Associated Press writer Rio Yamat in Las Vegas contributed to this report.
The Dictatorship
Trump administration appeals court order in effort to cut vaccine recommendations for kids
NEW YORK (AP) — The Trump administration is appealing a judge’s order as it tries to cut the number of vaccines recommended for every child in the United States.
The appeal filed Wednesday was a response to a March 16 court order that blocked the decision by President Donald Trump’s health secretary, Robert F. Kennedy Jr, to end broad recommendations for all children to be vaccinated against flurotavirus, hepatitis A, hepatitis B, some forms of meningitis and RSV, a respiratory virus.
U.S. District Judge Brian Murphy’s order also stopped a meeting of a Kennedy-appointed vaccine advisory committee.
The judge’s order remains in effect while the appeal is considered.
The government’s one-sentence filing did not say why the block should be lifted. U.S. health officials did not immediately comment on the filing, or respond to a question about why they waited six weeks to file an appeal.
The appeal is the latest development in a lawsuit filed in July by the American Academy of Pediatrics and some other medical groups. The lawsuit in federal court in Boston originally focused on Kennedy’s decision to stop recommending COVID-19 vaccinations for most children and pregnant women.
The lawsuit was updated as Kennedy took more steps that alarmed medical societies, causing the plaintiffs to ask Murphy to take steps to address those policy changes too.
For example, the plaintiffs amended the lawsuit to stop the scaling back of the nation’s childhood vaccination schedule. They also asked the court to look at Kennedy’s actions concerning the Advisory Committee on Immunization Practices, which advises public health officials on what vaccines to recommend to doctors and patients.
Kennedy, a leading anti-vaccine activist before becoming the nation’s top health official, fired the entire 17-member panel last year and replaced it with a group that includes several anti-vaccine voices.
Murphy, who was nominated to the bench by Democratic President Joe Biden, said Kennedy’s reconstitution of ACIP likely violated federal law. The judge ordered the appointments — and all decisions made by the reformulated committee — put on hold.
Earlier this month, the Republican administration updated the committee’s charter to broadens qualifications for panel members in ways that would allow the inclusion of Kennedy allies. That move did not resolve the legal challenge, according to Richard Hughes IV, a lawyer representing the pediatrics group.
Hughes this week said he was disappointed that the government decided to appeal but said he expected to prevail. He pledged to bring an end to Kennedy’s “steady destruction of vaccine policy and public health.”
___
The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Department of Science Education and the Robert Wood Johnson Foundation. The AP is solely responsible for all content.
The Dictatorship
Trump pulls nomination for surgeon general nominee Casey Means
WASHINGTON (AP) — President Donald Trump said Thursday he’s nominating radiologist and former Fox News Channel contributor Dr. Nicole Saphier for surgeon general after Dr. Casey Means’ path forward stalled in the Senate over questions about her experience and her stance on vaccines.
In a social media post, Trump said he would nominate Saphier, whom he called “a STAR physician who has spent her career guiding women facing breast cancer through their diagnosis and treatment.” Health Secretary Robert F. Kennedy Jr. complimented the nomination, calling Saphier “a long-time warrior for the MAHA movement.”
But at least in one instance, she hasn’t been in lockstep with Trump’s thoughts on health policy, telling The Associated Press in September that his cautions about pregnant women taking Tylenol were oversimplistic and “patronizing.”
Means’ withdrawal came after her tense exchanges with lawmakers of both parties threw into question whether she could secure enough votes to advance out of the Senate health committee.

Ranking member Sen. Bernie Sanders I-Vt. questions Dr. Casey Means during a Senate Health, Education Labor and Pension Committee confirmation hearing for U.S. Surgeon General on Capitol Hill Wednesday, Feb. 25, 2026, in Washington. (AP Photo/Tom Brenner)
Ranking member Sen. Bernie Sanders I-Vt. questions Dr. Casey Means during a Senate Health, Education Labor and Pension Committee confirmation hearing for U.S. Surgeon General on Capitol Hill Wednesday, Feb. 25, 2026, in Washington. (AP Photo/Tom Brenner)
In an interview Thursday, Means said her nomination fell apart after a “yearlong smear campaign against me,” which she said was a larger effort to impugn the MAHA movement and its focus on reforming food and healthcare.
She said she will continue to “help with progress on this movement how I can.”
Means pitched ideas popular with MAHA
In nominating Means last May, Trump sought to hire a close Kennedy ally as the nation’s doctor. The 38-year-old Means, a Stanford-educated physician who became disillusioned with the health care system and pivoted to a career as an author and entrepreneur, promotes ideas popular with the MAHA movement, including that Americans are overmedicalized and that diet and lifestyle changes should be at the center of efforts to end widespread chronic disease.
But Means, who did not finish her surgical residency program and doesn’t currently have an active medical license, also had faced scrutiny for her lack of experience and potential conflicts. On top of those concerns, senators grilled her in February about Kennedy’s effort to pull back vaccine recommendations — leading to some contentious moments as Means toed the line between support for vaccines and calling them a decision best made by patients and their doctors.
In her confirmation hearing, Means was repeatedly asked about the birth dose of the hepatitis B vaccine, which the U.S. Centers for Disease Control and Prevention stopped recommending for all children late last year in a move criticized by scientific and medical groups nationwide and currently blocked during a lawsuit. Means has raised doubts about the birth dose, posting on social media in 2024 that giving the vaccine to a newborn whose parents don’t have hepatitis B was “absolute insanity.”
Dr. Casey Means takes her seat at the start of a Senate Health, Education Labor and Pension Committee confirmation hearing for U.S. Surgeon General on Capitol Hill, Feb. 25, 2026, in Washington. (AP Photo/Tom Brenner, File)
Dr. Casey Means takes her seat at the start of a Senate Health, Education Labor and Pension Committee confirmation hearing for U.S. Surgeon General on Capitol Hill, Feb. 25, 2026, in Washington. (AP Photo/Tom Brenner, File)
Means’ nomination had languished since the late February confirmation hearing, even as activists from the MAHA movement orchestrated a push to support her bid by surging phone calls to Republican senators Lisa Murkowski of Alaska and Susan Collins of Maine. They had both indicated reservations with the pick.
Means told The Associated Press her understanding was that Murkowski wasn’t going to vote for her, and Collins had serious reservations.
“I think there was some talking past each other,” Means said of her conversations with the senators, noting they seemed focused on vaccines when she “wasn’t coming in with any agenda to impact the vaccine conversation.”
In post Thursday, Trump called Means “a strong MAHA Warrior” and also criticized the “intransigence and political games” from GOP Sen. Bill Cassidy of Louisiana, the chair of the Senate health committee, who is facing a tough reelection this year and who interrogated Means about vaccines during the hearing.
Means’ brother, Calley Means, a health adviser to the Trump administration, blamed Cassidy in a social media post, claiming his “constant delay tactics” sank the nomination because he didn’t bring Means’ nomination to a committee vote. Kennedy later piled on with his own post claiming Cassidy “did the dirty work for entrenched interests seeking to stall the MAHA movement.” Cassidy didn’t respond to a request for comment.
Now Trump will try to fill the post a third time
Means is the second U.S. surgeon general pick whose nomination has been withdrawn in Trump’s second term. Trump withdrew his first nominee, Fox News medical contributor Janette Nesheiwat, after questions were raised about her academic credentials.
Saphier is director of breast imaging at Memorial Sloan Kettering Monmouth, according to her profile on the New York-based institution’s website. She has a doctor of medicine degree from Ross University School of Medicine in Barbados along with fellowships at the Mayo Clinic, the profile said.
Like Means, Saphier has questioned whether every child needs to get the hepatitis B vaccine at birth.
“I don’t necessarily think it’s necessary,” she said on a podcast in September. “My opinion is if a woman recently tested negative for hepatitis B and they’re living a low-risk lifestyle, no IV drug use, not a sex worker, they don’t have a hepatitis B positive person living in the home, then the newborn probably doesn’t need this vaccine and we can have a conversation about whether or not they should get the vaccine later in life.”
She also has criticized COVID vaccine booster requirements, arguing on a radio show in September that they were not always rooted in evidence.
Saphier used the phrase “Make America Healthy Again” years before Kennedy popularized it. It was the title of a book she wrote in 2020 that criticized government handling of health care and the Affordable Care Act.
In at least one case, Saphier has diverted from Trump’s medical messaging. Last year, as Trump advised pregnant women, “Don’t take Tylenol” — promoting unproven and in some cases discredited ties between the medication, vaccines and autism — Saphier said that while pregnant women generally are advised to take acetaminophen only under medical supervision, when necessary and at the lowest effective dose, equally important was that untreated fever or severe pain can also pose serious risks to mothers and babies. She noted that part was missing from Trump’s message, delivered at a press conference with top U.S. health officials.
“For decades, women have endured a paternalistic tone in medicine. We’ve moved past dismissing symptoms as ‘hysteria,’” Saphier wrote in an email to the AP at the time. “The President’s recent comments on Tylenol in pregnancy are a prime example. Advising moderation was sound; delivering it in a patronizing, simplistic way was not.”
On a podcast at the time, Saphier said the press conference was “full of hyperbole” and “really painful to watch.”
Saphier did not respond to a request for comment.
___ Kinnard reported from Columbia, S.C.
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