> The Commission is modifying 17 CFR 200.41, which establishes the Commission's quorum requirement. Three commissioners will continue to constitute a quorum of the Commission, with two important exceptions. First, consistent with the current rule, if the number of commissioners in office is two or one, that number is sufficient for a quorum. Second, if the number of commissioners in office minus the number disqualified from consideration with respect to a matter is two or one, then that number of commissioners constitutes a quorum for purposes of that matter.
Luckily enough, the Supreme Court has given the administration the green light to fire members of commissions at will... save the Fed, because mumble mumble history and tradition mumble.
This new rule means that the president only have to get one of "his" guys in, and now you can own all of the SEC decisions if you want by just firing any dissenting commissioners.
In the past, that is the sort of norm that would not be broken. We are now in a world where the president trying to fire fed bankers is real, and that is arguably a much, much, more serious norm to have broken. I don't think this administration will have any issues playing to the letter of the law instead of the spirit.
So with this rule change, the effect is that a president only needs one commissioner and a lack of regard for norms to completely control SEC decisions.
djoldman•45m ago
https://www.federalregister.gov/documents/2026/10/02/2026-20...