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Supreme Court showdown: Trump’s strategy to test limits of his power could spell doom for administrative state
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The Supreme Court is set to reexamine a landmark decision about the president’s ability to fire members of independent agencies, and the outcome could expand executive power and have far-reaching implications.
The high court revealed in an order last week it would revisit Humphrey’s Executor v. United States, a 1935 decision that Hans von Spakovsky, a legal fellow at the conservative Heritage Foundation, said is now on «life support.»
Contrary to the decision in Humphrey’s, von Spakovsky said agencies like the Federal Trade Commission, the Securities and Exchange Commission and various labor boards ought not to be insulated from presidential firings.
«The Constitution says the president is the head of the executive branch,» von Spakovsky told Fox News Digital. «That means, just like the CEO of a big corporation, they get to supervise and run the entire corporation, or in this case, the entire executive branch, and you can’t have Congress taking parts of that away from him and saying, ‘Well, they’re going to keep doing executive branch things, including law enforcement, but you won’t have any control over them.’»
SCOTUS ALLOWS TRUMP TO FIRE BIDEN-APPOINTED FTC COMMISSIONER
The Supreme Court building is seen in Washington, D.C. (AP/Jon Elswick)
The Supreme Court’s decision came in response to a challenge from a Biden-appointed FTC commissioner whom President Donald Trump fired at will after taking office.
The high court said in a 6-3 emergency decision Trump’s termination of the commissioner, Rebecca Slaughter, could remain in place for now while it uses her case to take on Humphrey’s Executor, which centered on an FTC firing under President Franklin D. Roosevelt. The high court found Roosevelt could not fire a commissioner without cause.
Slaughter has called her firing illegal, pointing to Humphrey’s and the FTC Act, which says commissioners cannot be fired from their seven-year terms without cause such as malfeasance or negligence.
Joshua Blackman, a professor at South Texas College of Law, told Fox News Digital that if Humphrey’s is overturned or narrowed, it will likely also apply to other agencies that have statutory protections against firings designed to preserve their independence.
«I think this ruling will necessarily reach beyond the FTC,» Blackman said. «The only question is whether they maintain that the Federal Reserve is different.»
SUPREME COURT SAYS TRUMP CAN PROCEED WITH FIRING DEMOCRAT-APPOINTED CPSC MEMBERS
Federal Trade Commission Commissioners Rebecca Kelly Slaughter and Alvaro Bedoya chat during a House Judiciary Committee hearing on Capitol Hill in Washington, D.C., on July 13, 2023. (Shuran Huang for The Washington Post via Getty Images)
The high court indicated in an earlier shadow docket decision about labor board firings this year that it views the Federal Reserve as unique, a ‘quasi-private’ structure rooted in the traditions of the first central banks. A separate case involving Federal Reserve Governor Lisa Cook’s firing is testing that position.
Von Spakovsky said the Supreme Court has been inching toward addressing Humphrey’s. The 2010 decision to narrow the Sarbanes-Oxley Act by stripping independence from an accounting oversight board and the decision five years ago finding the president could fire the Consumer Financial Protection Bureau director at will were hints of this.
In the latter case, Chief Justice John Roberts wrote that the president’s power «to remove — and thus supervise — those who wield executive power on his behalf follows from the text of Article II.» The CFPB’s «novel» structure defied that presidential power because a single director oversees an agency that «wield[s] significant executive power.»
TRUMP ADMIN URGES SUPREME COURT TO ALLOW PRESIDENT TO FIRE FEDERAL TRADE COMMISSION MEMBER
U.S. Supreme Court Chief Justice John Roberts attends inauguration ceremonies in the U.S. Capitol on Jan. 20, 2025 in Washington, DC. (Chip Somodevilla/Pool via REUTERS)
Ruling in Trump’s favor would help the president and his conservative allies realize their stated goal of achieving a unitary executive, a theory that says the president should have sole control over the executive branch.
As part of this vision, Trump abruptly sidestepped numerous statutes to pluck out protected appointees at independent agencies when he took office, moves the Supreme Court is now poised to weigh in on in Slaughter’s case.
Boston University School of Law professor Jed Shugerman said in a statement online that Trump has done «more to establish a unitary executive than all the judges and legal scholars in the world could ever do.»
However, Shugerman criticized the president, saying his tests of authority have also «done more to discredit and expose the unitary executive theory as lawless authoritarianism than any judge or legal scholar could ever do.»
John Shu, a constitutional law expert who served in both Bush administrations, recently told Fox News Digital he believed the Supreme Court would narrow Humphrey’s Executor because the FTC’s powers have greatly expanded since its inception.
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«The Federal Trade Commission of 1935 is a lot different than the Federal Trade Commission today,» Shu said.
Shu said today’s FTC can open investigations, issue subpoenas, bring lawsuits, impose financial penalties and more. The FTC now has executive, quasi-legislative and quasi-judicial functions, he said.
donald trump,judiciary,supreme court,politics,federal courts
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Vietnam’s trade ministry is urging businesses to encourage employees to work from home to curb fuel consumption as the country grapples with supply disruptions and sharp price increases triggered by the U.S.-Israeli war involving Iran.
In a statement on Tuesday, the government said Vietnam has been among the nations hardest hit by the turmoil due to its heavy reliance on energy imports from the Middle East. Citing a report from the Ministry of Industry and Trade, it called on companies to «encourage work-from-home when possible to reduce the need for travel and transportation.»
Fuel prices have surged since the end of last month, with gasoline up 32%, diesel rising 56% and kerosene climbing 80%, according to data from Petrolimex, the country’s top fuel trader. Long lines of cars and motorbikes were seen at petrol stations in Hanoi on Tuesday.
The ministry also urged businesses and individuals not to hoard or speculate on fuel.
People queue to buy petrol at a petrol station after Vietnam’s trade ministry called on local businesses to encourage their employees to work from home to save fuel amid disruptions in supply and price surges triggered by the U.S.-Israeli conflict with Iran, in Hanoi, Vietnam, March 10, 2026. (REUTERS/Khanh Vu)
GAS PRICES COULD JUMP AS MIDDLE EAST TENSIONS THREATEN GLOBAL OIL SUPPLY
Prime Minister Pham Minh Chinh on Monday held calls with leaders of Kuwait, Qatar and the United Arab Emirates to secure additional fuel and crude oil supplies. The government has also removed import tariffs on fuels through the end of April in a bid to ease pressure on the market.
President Donald Trump’s strikes on Iran have made for volatile crude markets, with prices surging to $120 a barrel in the U.S. over the weekend before dipping back to just over $80 on Monday night as Trump spoke to a Republican retreat in Florida.
Prices have stabilized after Trump assured investors the Strait of Hormuz will be safe for oil tankers in the Middle East, a notorious choke point for the largely dismantled Iranian regime.
President Donald Trump addresses reporters aboard Air Force One last week as War Secretary Pete Hegseth looks on. (SAUL LOEB / AFP via Getty Images)
TRUMP IS REALIGNING WORLD ENERGY MARKETS AND THE IRAN STRIKES ARE ACTUALLY HELPING
The situation in the region remains tenuous as Iran has announced Mojtaba Khamenei as the next supreme leader, a decision that Trump told Fox News that he «was not happy» about.
«I don’t believe he can live in peace,» Trump said from Air Force One.
Iran’s Revolutionary Guard said Tuesday they would not let any oil out of the Middle East until U.S. and Israeli attacks cease, a threat that had prompted Trump to threaten to hit Iran «20 times harder» if it blocked exports.
US SIGNALS READINESS TO ESCORT TANKERS THROUGH HORMUZ AS TRAFFIC THINS BUT NO MISSION LAUNCHED
Strikes on the Iranian leadership, the IRGC, and Iranian naval vessels and oil infrastructure have roiled the markets. ( Sasan / Middle East Images / AFP via Getty Images)
Despite the defiant rhetoric from both sides, investors placed strong bets Tuesday that Trump would call off his war soon, before the unprecedented disruption it has caused to energy supplies causes a global economic meltdown.
«I’m hearing they want to talk badly,» Trump said, as the Department of War has claimed 50 Iranian naval vessels have been sunk and Trump is suggesting the war objections are weeks ahead of schedule, if not nearly «complete.»
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«It’s possible,» Trump added of engaging the new Iranian leadership, descendants of the deceased leaders, but said it «depends on what terms, possible, only possible.»
«You know, we sort of don’t have to speak anymore, you know, if you really think about it, but it’s possible,» he said.
Fox News’ Trey Yingst and Reuters contributed to this report.
world,donald trump,war with iran,finance global economy
INTERNACIONAL
Iran war, 11 days in: US controls skies, oil surges and the region braces for what’s next
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One week into the war with Iran, U.S. officials say American and Israeli forces are moving toward «complete control» of Iranian airspace — clearing the way for deeper strikes, a broader target list and a conflict that appears to be expanding rather than winding down.
In briefings this week, Secretary of War Pete Hegseth and Joint Chiefs Chairman Gen. Dan Caine described what they called near-uncontested airspace over key corridors, a shift that allows sustained bombing operations deep inside Iran.
«We are winning with an overwhelming and unrelenting focus on our objectives,» Hegseth said in a press briefing Tuesday morning.
AFTER THE STRIKES, HOW WOULD THE US SECURE IRAN’S ENRICHED URANIUM?
Caine said U.S. forces have now struck more than 5,000 targets in the first 10 days of operations, including dozens of deeply buried missile launchers hit with 2,000-pound penetrating bombs.
The message from Washington is one of overwhelming military advantage.
But the broader picture, rising oil prices, expanding drone warfare, strikes on energy and civilian infrastructure, and regional spillover touching NATO territory, suggests a conflict that is growing in scope even as U.S. officials project confidence in its trajectory.
Leadership hardens in Tehran
Amid the intensifying conflict, Iran’s Assembly of Experts has selected Mojtaba Khamenei — son of the recently deceased Ayatollah Ali Khamenei — as the country’s new supreme leader, consolidating authority within the clerical establishment and the Islamic Revolutionary Guard Corps at a pivotal moment.
The succession, only the second since the 1979 revolution, signals continuity rather than recalibration in Iran’s posture. Mojtaba Khamenei had long been viewed as a potential successor and is closely aligned with hard-line factions inside Iran’s security apparatus.
President Donald Trump criticized the selection, saying the leadership change would not alter U.S. objectives and suggesting it reflects the same entrenched power structure Washington has sought to weaken. The administration has made clear that military operations will continue regardless of who occupies the supreme leader’s office.
Rather than opening a diplomatic off-ramp, the transition appears to reinforce the likelihood of a prolonged confrontation.
‘Uncontested airspace’
Hegseth said Tuesday that the U.S. and Israel had achieved «total air dominance» over Iran and were «winning decisively with brutal efficiency.»
«That doesn’t mean they won’t be able to project,» Hegseth said. «It doesn’t mean our air defenders still don’t have to defend. They do. But that is strong evidence of degradation.»
«Most of their higher-end surface-to-air missile systems are not factors at this point in time,» Caine said.
«Fighters are moving deeper with relative impunity,» he added, noting there is «always some risk.»
One week into the war with Iran, U.S. officials say American and Israeli forces are moving toward «complete control» of Iranian airspace. ( Sasan / Middle East Images / AFP via Getty Images)
Adm. Brad Cooper, head of the U.S. military’s Central Command, also reported that Iranian ballistic missile launches had dropped by roughly 90% from the opening days of the conflict, while drone attacks had fallen by more than 80%, attributing the decline to sustained strikes on launchers and infrastructure.
Still, officials have cautioned that air superiority does not mean every threat can be stopped. Iranian missiles and drones continue to be launched, and some have required interception across the region.
A shift in munitions and message
Hegseth said the campaign is transitioning from expensive standoff weapons like Tomahawk cruise missiles to 500-, 1,000- and 2,000-pound precision gravity bombs — a shift he said reflects confidence that Iranian surface-to-air missile systems have been suppressed in key areas.
He described the U.S. stockpile of such bombs as «nearly unlimited» and warned that Washington’s timeline «is ours and ours alone to control.»
The emphasis on gravity bombs is more than rhetorical. It signals a move toward sustained, high-tempo operations designed not only to hit active threats but to degrade Iran’s ability to regenerate its missile force.
US SIGNALS READINESS TO ESCORT TANKERS THROUGH HORMUZ AS TRAFFIC THINS, BUT NO MISSION HAS BEEN LAUNCHED
Drones redefine the fight
Even as missile launches decline, unmanned systems remain central to the war.
Iran has leaned heavily on drones — including Shahed-style loitering munitions — to strike energy facilities, pressure U.S. bases and disrupt shipping near the Strait of Hormuz. Compared to ballistic missiles, drones are cheaper and easier to deploy in volume, allowing Tehran to sustain pressure despite losses elsewhere.
In response, the United States has deployed a Ukraine-tested counter-drone interceptor system to the region. Ukrainian specialists, drawing on experience defending against Iranian-designed drones used in the Russia-Ukraine war, are assisting in strengthening base protection.
The drone fight underscores a key dynamic: while U.S. forces may dominate the skies, lower-cost unmanned systems can still impose risk and strain air defenses.
Energy at risk
The Strait of Hormuz — through which roughly 20% of the world’s oil and major liquefied natural gas shipments transit — has become one of the most consequential flashpoints of the war.
Drone attacks and Iranian threats sharply have reduced commercial traffic, driving up insurance costs and forcing some vessels to reroute. Oil prices have climbed above $100 per barrel amid fears that disruptions could persist.
Israeli strikes on Iranian oil facilities, and Iran’s retaliatory targeting of regional energy infrastructure, signal that energy assets are now active targets. Reports of strikes affecting water and desalination plants further suggest the war is expanding beyond strictly military sites.
Iran’s Assembly of Experts has selected Mojtaba Khamenei — son of the late Ayatollah Ali Khamenei — as the country’s new supreme leader. (Photo by Reza B / Middle East Images / AFP via Getty Images)
If instability in Hormuz stretches for weeks, analysts warn, global energy markets could tighten quickly, translating into higher gasoline prices and renewed inflation pressure in the United States.
Trump warned Monday that Iran will be hit «20 times harder» than it already has if it threatens ships in the Strait.
NATO proximity and regional backlash
The war has edged closer to NATO territory. Two Iranian ballistic missiles were intercepted near Turkish airspace, raising the risk of broader alliance involvement.
Iran has also struck Azerbaijan, drawing sharp condemnation from Baku and angering Turkey, Azerbaijan’s closest ally. Notably, Iran has not seen a unified regional bloc mobilize in its defense, highlighting its relative diplomatic isolation even as it escalates militarily.
Industrial mobilization
Despite Hegseth’s assertion that certain offensive munitions are plentiful, sustaining air and missile defense operations is resource-intensive, and inventories of high-end interceptors were already under strain before the conflict began.
Iran has attempted to degrade radar systems tied to platforms such as THAAD and Patriot batteries. (Reuters/U.S. Army/Capt. Adan Cazarez)
Iran has attempted to degrade radar systems tied to platforms such as THAAD and Patriot batteries. While U.S. commanders say launch rates have declined sharply, interceptors are expensive and produced in limited quantities.
Trump convened major defense contractors last week to press for accelerated production of interceptors and related systems. Expanding output could require congressional funding if the campaign continues at its current pace.
The battlefield now extends beyond launch sites and into supply chains.
Rising casualties
The Pentagon has confirmed seven U.S. service members have been killed and eight seriously injured in Iranian strikes.
In Iran, the U.S. claims over 50 top Iranian leaders, including Supreme Leader Ali Khamenei, have been taken out. Iran claims more than 1,000 people have been killed in the strikes and approximately 175 people, including many schoolchildren, were killed in an attack on a girls’ elementary school in Minab.
No group has claimed responsibility, and investigations are ongoing.
The incident has intensified scrutiny over civilian protection as the conflict widens.
No quick off-ramp
A little more than one week in, the trajectory points toward expansion rather than containment.
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U.S. officials project confidence in air dominance and sustained strike capacity. Iranian leadership has consolidated under a hard-line successor. Energy markets are volatile. Drone warfare continues to test defenses. The conflict has brushed NATO territory and struck civilian infrastructure.
The central question is how far the conflict will spread, and whether military momentum can outpace the economic and geopolitical costs mounting across the region.
war with iran,iran,conflicts defense,middle east foreign policy,energy
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