
In a major expansion of presidential authority, the Supreme Court cleared the way on Monday for President Trump to fire independent government regulators despite federal laws meant to protect their jobs. But the justices carved out an exception for the Federal Reserve, preventing the president from immediately removing one governor, Lisa D. Cook, from the powerful central bank.
周一,最高法院为特朗普总统扫清了道路,允许他解雇独立政府监管机构官员,尽管有联邦法律旨在保护他们的职位,这是总统权力的一次重大扩张。但大法官们为美联储保留了一个例外,阻止总统立即罢免这一掌握大权的中央银行的一位理事丽莎·D·库克。
The court’s 6-to-3 ruling to broadly allow the firings, with the three liberal justices dissenting, represented a significant shift in power from Congress to the president, and could drastically change the federal government’s structure by giving the president more control over independent agencies.
法院以6比3的裁决对此类解雇给予宽泛的许可,三名自由派大法官持异议。这代表着权力从国会向总统的重大转移,并可能通过赋予总统对独立机构的更多控制权,彻底改变联邦政府的结构。
The case tested whether Mr. Trump could oust Rebecca Kelly Slaughter, a Democratic member of the Federal Trade Commission, simply because she did not align with his agenda, despite a law that says the president can remove commissioners only for “inefficiency, neglect of duty or malfeasance in office.”
该案检验了特朗普是否能仅仅因为联邦贸易委员会民主党成员丽贝卡·凯利·斯劳特拒不遵从其意愿而将其罢免,尽管法律规定总统只能因“效率低下、玩忽职守或渎职”才能罢免委员。
But the decision has implications for more than two dozen agencies — including those charged with protecting consumers, workers, the environment and nuclear safety — that have traditionally been insulated from presidential control.
但这一决定将影响到二十多个政府部门——包括那些负责保护消费者、工人、环境和核安全的机构,这些机构传统上一直不受总统控制。
In a social media post, Mr. Trump celebrated what he called a “BIG WIN,” adding that it was a “Historic and Unprecedented Ruling, one of the most important ever given with respect to Presidential Powers.”
特朗普在社交媒体帖子中庆祝他所谓的“大胜”,并说这是“历史性和前所未有的裁决,是关于总统权力最重要裁决之一”。
In a separate decision, however, the court voted 5 to 4 to block the president from ousting Ms. Cook.
不过,最高法另一项裁决以5比4表决阻止总统罢免库克。
While the ruling decided a narrow procedural question, the majority opinion pointed to the uniquely independent nature of the central bank.
虽然该裁决仅涉及一个狭窄的程序性问题,但多数意见指出了中央银行独特的独立性质。
Former top Fed and Treasury officials and Ms. Cook’s legal team had warned the Supreme Court that allowing Mr. Trump to remove her while litigation was underway would spur economic turmoil and undermine the longstanding autonomy of the central bank.
前美联储和财政部高级官员以及库克的法律团队曾警告最高法院,如果允许特朗普在诉讼进行期间罢免她,将引发经济动荡,并削弱中央银行长期以来的自主权。
Unlike with other regulators, Mr. Trump had accepted that a president could only fire Fed governors for cause. He had accused Ms. Cook of engaging in mortgage fraud, and said he could dismiss her on those grounds. The justices, however, found that Ms. Cook had not been given an opportunity to refute those unproven allegations.
与其他监管机构不同,特朗普承认总统只能因正当理由解雇美联储理事。他指控库克从事抵押贷款欺诈,并表示他可以以此为由将其解雇。然而,大法官们认为,库克并未获得机会反驳这些未经证实的指控。
Chief Justice John G. Roberts Jr., who wrote the majority opinions in both cases on Monday, rejected what he described as the administration’s “halfhearted” contention that Ms. Cook had received a fair or due process when the president posted about her removal on social media.
周一撰写了两案多数意见的首席大法官小约翰·G·罗伯茨驳斥了政府“敷衍了事”的论点,即所谓库克在总统通过社交媒体宣布解雇她时已获得公平或程序正义。
“That will not do,” wrote the chief justice, who was joined by Justice Brett M. Kavanaugh and the three liberal justices. “At minimum, Cook was entitled to some explanation of the evidence at issue, some avenue for a response.”
“这是行不通的,”首席大法官写道,他的意见得到布雷特·M·卡瓦诺大法官和三位自由派大法官的赞同。“至少,库克有权获得对相关证据的某种解释,以及某种回应途径。”
Ms. Cook said in a statement Monday that the president’s move to fire her was “an attempt to remove me on a manufactured pretext because I refused to bow to political pressure and continued to set interest rates based only on what would best serve the American people.”
库克周一在一份声明中表示,总统解雇她的举动“是试图以捏造的借口将我移除,因为我拒绝屈从于政治压力,并继续仅基于什么最有利于美国人民来设定利率”。
But the court’s ruling in her favor was limited. The justices allowed her to remain on the job while permitting Mr. Trump to continue to seek her removal as long as Ms. Cook had an opportunity to respond to the charges against her. At that point, courts could “assess the validity and sufficiency of such charges,” the chief justice wrote.
但法院对她有利的裁决是有限的。大法官们允许她继续留任,同时允许特朗普继续寻求罢免她,只要库克有机会回应针对她的指控即可。届时,法院可以“评估此类指控的有效性和充分性”,首席大法官写道。
The president vowed in a social media post to press ahead with his efforts to oust Ms. Cook.
总统在社交媒体帖子中发誓要继续努力罢免库克。
The court distinguished between what it called the “unique role” of the Federal Reserve and other types of government agencies, where the court’s majority said the president needed the flexibility to remove officials whose views did not align with the administration’s.
法院区分了它所谓的美联储的“独特角色”与其他类型政府机构,在其他机构中,法院多数意见认为总统需要有罢免观点与政府相左的官员的决策空间。
In the F.T.C. case, the justices cast aside a 90-year precedent that had prevented presidents from removing independent regulators without cause and solely over policy disagreements.
在联邦贸易委员会案中,大法官们抛弃了90年的先例,该先例曾阻止总统没有正当理由、仅因政策分歧罢免独立监管者。
A majority of the justices have long been sympathetic to the argument the Trump administration was making that the Constitution vests all executive power in the president, and that he or she must be able to control everything the executive branch does.
长期以来,大多数大法官一直同情特朗普政府提出的论点,即宪法将所有行政权力赋予总统,他或她必须能够控制行政部门所做的一切。
Several justices had for years said that they were eager to overturn the 1935 precedent, Humphrey’s Executor v. United States, that has protected independent agencies. That case also involved the F.T.C.
几名大法官多年来一直表示,他们渴望推翻1935年汉弗莱遗产管理人案的先例,该先例保护了独立机构。该案同样涉及联邦贸易委员会。
In Ms. Slaughter’s case at the F.T.C., the longstanding project of the conservative legal movement to overturn the precedent merged with Mr. Trump’s desire to oust officials from across the government.
在斯劳特的联邦贸易委员会案中,长期致力于推翻该先例的保守派法律运动与希望罢免政府各部门官员的特朗普站在了同一条战线上。
In the court’s decision on Monday, the chief justice said that “neither Congress nor the courts may saddle” the president with executive branch officials “with whom he cannot work.”
在法院周一的决定中,首席大法官表示,“国会或法院都不得将难以共事”的行政部门官员“强加”给总统。
The majority said the modern F.T.C. has accumulated powers that the Constitution reserved for the president under some 80 statutes, including the enforcement of rules against private parties and the collection of billions of dollars in civil penalties.
多数意见称,现代联邦贸易委员会已通过约80项法规积累了宪法保留给总统的权力,包括对私人主体执行规则和收取数十亿美元民事罚款。
The commission Ms. Slaughter was appointed to “unquestionably exercises executive power, and must therefore be controlled by the chief executive,” the chief justice wrote, saying that it follows the president was “entitled to cut her tenure short.”
首席大法官写道,斯劳特被任命的委员会“无疑在行使行政权力,因此必须由行政首脑控制”,并表示因此总统“有权缩短她的任期”。
The court’s decision left open questions about employment protections that apply to members of the civil service and judges on courts housed in the executive branch.
法院的决定留下了一个疑问,即公务员以及行政部门下属法院的法官应得到怎样的雇员保护。
Justice Sonia Sotomayor read a lengthy summary of her dissent from the bench, warning that the court’s decision would unleash chaos.
索尼娅·索托马约尔大法官当庭宣读了她的不同意见书的一份长篇摘要,警告称法院的决定将释放混乱。
Independent agencies will be “transformed in ways that those who created them never could have expected and actively sought to avoid, fundamentally recalibrating the balance of power in this country in the process,” she wrote, joined by Justices Elena Kagan and Ketanji Brown Jackson.
独立机构将“以创建它们的人从未预料到且积极试图避免的方式被改造,从而从根本上重新校准这个国家的权力平衡,”她写道,她的意见得到埃琳娜·卡根和凯坦吉·布朗·杰克逊大法官的赞同。
As a result of the court’s decision, she added, the president would have far greater power to influence independent agencies charged with overseeing vast areas of American life, including the safety of workplaces and consumer products.
她补充说,由于法院的决定,总统将拥有更大的权力来影响负责监督美国生活广大领域的独立机构,包括工作场所和消费品的安全。
“It is a power, however, that neither the people, nor Congress, nor the Constitution bestowed upon him,” Justice Sotomayor wrote across nearly 50 pages. “In granting the president this unbridled authority, the court upends its precedent, misconstrues our history and sheds any pretense of judicial modesty.”
“然而,这是一种人民、国会或宪法都没有赋予他的权力,”索托马约尔大法官在近50页的意见中写道。“在赋予总统这种不受约束的权威时,法院推翻了其先例,曲解了我们的历史,并放弃了任何司法谦逊的伪装。”
In a statement, Ms. Slaughter said independent agencies like the F.T.C. were created to act as watchdogs of powerful corporations, without interference by the president.
斯劳特在一份声明中表示,像联邦贸易委员会这样的独立机构是为了充当强大企业的监督者而创建的,不受总统干预。
“Today’s ruling makes it possible for presidents to fire watchdogs who won’t put politics over principle, and replace them with lap dogs,” Slaughter said. “It’s a recipe for corruption. Working families will pay the price.”
“今天的裁决使总统有可能解雇那些不愿将政治置于原则之上的监督者,并用哈巴狗取代他们,”斯劳特说。“这是通向腐败的路。工薪家庭将付出代价。”