Washington Roundup: Supreme Court hears case on independent agencies; CDC abortion report delayed

WASHINGTON (OSV News) — The U.S. Supreme Court heard a major case Dec. 8 over whether the president can fire members of independent government agencies.

The same week, the White House rebuffed a call from a key pro-life group to fire the FDA commissioner, and an annual government report about the U.S. abortion rate was delayed. 

Supreme Court hears case on presidential power and independent government agencies

The high court on Dec. 8 heard a case over whether or not President Donald Trump acted legally in firing Rebecca Slaughter, a Democratic member of the Federal Trade Commission, an independent agency. 

If the court sides with the president in the case — Trump v. Slaughter — its ruling could mark a significant expansion of presidential powers and upend nearly a century of precedent. 

The FTC has five commissioners, each appointed by the president and confirmed by the Senate to serve seven-year terms. Federal law states that no more than three of the commissioners can come from the same political party in an attempt to preserve the agency’s bipartisan nature. Law governing the FTC also says commissioners can only be fired for “inefficiency, neglect of duty, or malfeasance in office.”

But Trump fired Slaughter in March. An email to Slaughter from the president said her presence on the FTC would be “inconsistent with (the) Administration’s priorities.” She filed suit in response. 

During oral arguments, U.S. Solicitor General D. John Sauer argued that the practice of having agencies independent from the executive branch could “erect at the heart of our government a headless fourth branch, insulated from political accountability and democratic control.”

But Justice Sonia Sotomayor said, “You’re asking us to destroy the structure of government and to take away from Congress its ability to protect its idea that the government is better structured with some agencies that are independent.”

A decision in the case is expected by the end of the court’s term, which typically ends in June. 

White House rejects pro-lifers’ call to fire FDA commissioner 

The White House Dec. 9 rejected a call from a national pro-life organization for U.S. Food and Drug Administration Commissioner Marty Makary to be fired.

Susan B. Anthony Pro-Life America, which works to elect pro-life candidates to public office, was among the pro-life groups that criticized Makary and the FDA over its recent approval of a new generic form of mifepristone — a pill commonly, but not exclusively, used for early abortion.

The pro-life group argued Makaray has “slow-walked a promised safety study of women’s real-world experiences taking abortion drugs,” citing a report from Bloomberg that he sought to delay a promised safety review of mifepristone until after the midterm elections.

The White House promptly rejected that call. Kush Desai, a spokesman for the White House, said in written comments provided to OSV News that Makary “is working diligently to ensure that Americans have the best possible, Gold Standard Science study of mifepristone.” 

“The White House maintains the utmost confidence in Commissioner Makary, whose leadership at the FDA has delivered and continues to deliver one landmark victory for the American people after another, from cracking down on artificial ingredients in our food supply to conducting the first safety review of baby formula in decades,” Desai said. “Uninformed attacks against Commissioner Makary from individuals outside the Administration will not change these facts.” 

In response to a Dec. 10 question at the White House on the controversy, Trump replied, “I don’t think they’re slow-walking anything, but I’ll find out.”

The pro-life group later responded on social media, citing in a series of social media posts a recent case concerning an Ohio woman who alleged she was assaulted while sleeping and given abortion drugs without her consent by her then-boyfriend, the group said, “It’s been (about) 11 MONTHS since (Health and Human Services Secretary Robert F. Kennedy Jr.) made this pledge to the U.S. Senate.”

“Now, nearly a year into the Trump administration, (Makary’s) abortion drug safety review hasn’t even passed the data-gathering phase and there’s no ETA,” another post said. “That’s the definition of slow-walking.”

Others, including former Vice President Mike Pence and Lila Rose, president and founder of Live Action, also said on social media that Makaray should be fired. 

Senate rejects health care bills 

The U.S. Senate rejected dueling health care bills Dec. 11. Both Democratic and GOP-led bills failed to reach the upper chamber’s 60-vote filibuster threshold to advance. 

Enhanced subsidies under the Affordable Care Act, former President Barack Obama’s health care law also known as “Obamacare,” are set to expire soon. The subsidies, or tax credits, are used by lower-to-middle-income households to reduce their out-of-pocket costs for enrolling in the program. Without an extension, costs are expected to rise for those enrolled by 114%.

A dispute between the parties over the issue was left unresolved after the government shutdown ended.

Annual CDC abortion surveillance report delayed 

The U.S. Centers for Disease Control and Prevention’s annual abortion surveillance report has been delayed until spring amid “turmoil” at the agency, CNN reported. 

The CDC asks, but does not require, states to submit their abortion reporting data each year. California, Maryland and New Hampshire have declined to provide data in recent years. 

The Department of Health and Human Services pointed to former CDC Chief Medical Officer Dr. Debra Houry for the delay, arguing in comments to CNN, she “directed staff to return state-submitted abortion data rather than analyze it.”

But Houry told CNN that major layoffs at HHS this year left the CDC too short-staffed to do the report. 

The report will be the agency’s first full-year survey without Roe v. Wade in place. 

The Catholic Church teaches that all human life is sacred from conception to natural death, and as such, opposes direct abortion.

Kate Scanlon is a national reporter for OSV News covering Washington. Follow her on X @kgscanlon.

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