91视频

Last month, we got some bad news about my mom鈥檚 health. This sent everything into a tailspin both emotionally and practically. The news came just days before our family鈥檚 37th annual Oktoberfest celebration. In the blink of an eye, we went from being the social hosts (the ones who get to show up at my parents鈥� house and make sure everyone else has fun) to being the actual hosts 鈥� cooking, cleaning, organizing, and managing logistics.

Overwhelmed, we did what any parents would do in that situation: we delegated. 鈥淐lean all the rooms,鈥� we told our kids, without explanation. My son was shocked 鈥� 鈥淭his isn鈥檛 our house!鈥� My daughter was outraged 鈥� 鈥淭his isn鈥檛 our mess!鈥� And then, in perfect sibling unity, they declared that only the grandparents had authority to issue such orders.

It was, in many ways, our own Trump v. Slaughter moment. We thought we had full executive power as the acting heads of household, but the children claimed statutory independence 鈥� protected by years of precedent and informal household law. Like the president trying to remove an FTC commissioner, I discovered my removal power was, well 鈥� nonexistent.

I learned what every parent (and presumably president) eventually does: sometimes you hold all the responsibility but none of the power. Or at least, that is effectively what the Supreme Court will decide in Trump v. Slaughter when it will weigh: 1, whether laws that restrict the president鈥檚 ability to fire FTC commissioners violate the separation of powers (and if so, whether Humphrey鈥檚 Executor v. United States should be overruled); and 2, whether a federal court may prevent a person鈥檚 removal from public office. This case will impact the Federal Trade Commission, independent agencies, and employers.

Impact on the FTC

While the current makeup of the FTC likely minimizes the short-term impact, the long-term impact is that the FTC would become more politicized. Its enforcement priorities could swing more drastically with each administration.

Impact on independent agencies

Federal courts would strike down removal protections for members of other independent agencies, such as the National Labor Relations Board or the Equal Employment Opportunity Commission.

Impact on employers

While my kids cleaning my parents鈥� house has no bearing on employers, the ruling in Trump v. Slaughter will. These three things could impact employers if Trump wins: 1,聽agencies like the FTC, NLRB or EEOC will likely become more politicized; 2, following elections there will likely be more rapid shifts on rules related to noncompetes, worker classification, AI use, and labor right; and 3, potential for Robespierre-esque political firings could undermine agencies鈥� ability to recruit and retain qualified employees because of fears of instability of such positions.

Stephen Scott is a partner in the Portland office of Fisher Phillips, a national firm dedicated to representing employers鈥� interests in all aspects of workplace law. Contact him at 503-205-8094 or [email protected].

The opinions, beliefs and viewpoints expressed in the preceding commentary are those of the author and do not necessarily reflect the opinions, beliefs and viewpoints of the Daily Journal of Commerce or its editors. Neither the author nor the 91视频 guarantees the accuracy or completeness of any information published herein.