The Supreme Court Didn’t Just Empower Trump. It Let Him Break the Government.

The Supreme Court’s decision in Trump v. Slaughter has been widely criticized for giving President Donald Trump unprecedented power to politicize and dismantle independent federal agencies. However, a more insidious aspect of this ruling has received little attention: its impact on these agencies’ ability to function even when they’re not being dismantled outright.

The separation of powers between the executive, legislative, and judicial branches is a cornerstone of America’s system of government. But in recent years, we’ve seen a disturbing trend towards consolidation of power within the executive branch. The Supreme Court’s decision in Slaughter has accelerated this trend by allowing the president to remove agency appointees with impunity.

The Election Assistance Commission (EAC) is one such agency severely impacted by the ruling. As a key federal agency dedicated to helping states run their elections, its work is crucial to maintaining the integrity of our democratic process. After Trump fired its three remaining members, the EAC lost its quorum and is effectively unable to function.

This isn’t an isolated incident. It’s part of a broader pattern of presidential overreach that has been building for years. The Equal Employment Opportunity Commission (EEOC), the Federal Communications Commission (FCC), and the Merit Systems Protection Board (MSPB) are just a few examples of agencies that have lost their quorum under Trump’s watch.

For federal employees, this means waiting months or even years for their cases to be heard. The MSPB backlog is particularly egregious: in 2022, the board had over 3,800 pending cases, with some employees waiting up to five years for a decision.

The Federal Election Commission (FEC) presents a similar problem. With only two members left on the commission, it’s unable to conduct investigations or issue civil penalties against rule breakers. This is especially problematic in an election year, when voters have a right to know whether candidates and parties are complying with campaign-finance laws.

Congress could pass legislation to restore quorums and prevent presidential overreach, but that’s not the most effective solution. Instead, we need to address the root cause of the problem: the Supreme Court’s decision in Slaughter, which has given Trump a blank check to dismantle America’s government agencies.

To fix this, Congress must take steps to protect the independence and autonomy of these agencies through legislation or even a constitutional amendment. The status quo is unsustainable, and we need to act to prevent presidential overreach and ensure that our government agencies can continue to do their jobs without interference.

Ultimately, this issue goes beyond partisan politics. It’s about ensuring that America’s system of government remains accountable and responsive to the people it serves. By examining the Supreme Court’s decision in Slaughter and its impact on our government agencies, we can begin to build a more sustainable and equitable future for all Americans.

As James Madison once said, “A republic, if you can keep it.” It’s up to us to ensure that we do just that.