The U.S. Supreme Court is hearing arguments over President Trump's firing of former Federal Trade Commission member Rebecca Kelly Slaughter. CBS News' Katrina Kaufman breaks down the arguments so far.

Washington

The US Supreme Court is considering whether the president holds the authority to remove leaders of independent federal agencies, such as the Federal Trade Commission, without specific cause. The case follows the president's firing of former FTC Commissioner Rebecca Slaughter and raises questions about the separation of powers and the structure of the federal government.

During oral arguments, justices expressed concerns about expanding presidential power and the potential impact on nearly two dozen agencies. The debate references longstanding legal precedents and recent cases, highlighting the possible broad implications for the scope of executive authority.

Supreme Court arguments so far over Trump's firing power

Let's start the hour with this question. Can the president of the United States take control of independent federal agencies such as the Federal Trade Commission? This is what justices on the US Supreme Court consider today. So the issue is before the court after the president's firing of former Federal Trade Commissioner Rebecca Slaughter. Slaughter argues Congress designed the Federal Trade Commission to be bipartisan in investigating corporate mergers and consumer fraud. The arguments in court already heating up this morning. Let's listen in. So the result of what you want is that the president is going to have massive unchecked uncontrolled power, not only to do traditional execution, but to make law through legislative and adjudicative frameworks. The president is going to have all the executive power, which is what the Constitution dictates. And the way you framed it there, I think makes the separation of powers problems in the alternative view here even worse. You've just described these. You know, rulemakings and adjudications as really judging and legislating. If they really were that which this court is unanimously said they must not be, they cannot be. But if they were that then Congress is not just affecting the executive. It's it's it's creating junior varsity legislatures. I understand that is a formal argument and obviously formal arguments play a significant role in this area, but they shouldn't. They shouldn't blind us to the real world realities of our of what we're of what our decisions do. And the real world reality of this one is that when you put all of these agencies under complete presidential control, given what Congress has already done and will not be able to take back with respect to the powers that have been delegated to the agencies, what you are left with is a president that maybe, you know, your first sentence to me, this is the kind of president you want, but a president with control over everything, including over much of the law making that happens in this country. Fascinating arguments there live now to CBS News legal reporter Katrina Kaufman. So break down for our viewers what each side is trying to convince these justices of. Reid, it's great to join you. So what the Solicitor General John Sauer has been arguing is that the president should have the right to fire the leaders of these independent agencies, even without specific cause. Now, he's been getting a lot of pushback from the liberal justices as we were just hearing. They have grave concerns about the way that this would expand presidential power. Justice Sotomayor said that the court should be weary of overturning a 90 year precedent read that she says established the very structure of our modern federal government. She said to John Sauer, you're asking us to destroy the structure of government and also questioned what other case has fundamentally altered the way that our government functions. Now, Chief Justice Roberts says that the Federal Trade Commission that was shielded 90 years ago by this case, Humphrey's executor looked very different than the one we see today, that now it has much more executive power. So we're really hearing opposition on each side and from the justices themselves. Well, and it also really speaks to the separation of powers in the way the founding fathers established these United States, does it not? Absolutely, and that is also what we've been hearing from the justices is a deep concern about the way this would impact the separation of power in this country, whether this would give the president such sweeping power. A case that we've heard mentioned quite a few times, in addition to that, Humphrey's executor president from about 100 years ago is the Trump versus United case, the United States case, Reid, which is the one that the Supreme Court gave President Trump broad immunity in. So this case could really have big implications for the expansiveness of presidential power. It could also impact about two dozen different agencies that could be impacted by this decision above the FTC. All right, Katrina Kaufman, breaking it down. Thank you so much. Good to talk to you.

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Breakdown