Supreme Court to Review Presidential Authority Over FTC Commissioner Removal

The Supreme Court has agreed to hear a case concerning President Donald Trump's authority to remove a member of the Federal Trade Commission (FTC), challenging existing legal constraints on such actions. The case centers on whether the president can dismiss FTC Commissioner Rebecca Kelly Slaughter, despite a statute that limits removal to specific causes.

While the case is under review, the Court has placed a lower court's ruling in favor of Slaughter on hold, meaning she will not remain in office during the litigation. Attorney General Pam Bondi supported the Court's decision, stating on X that "the president, not a lower court judge, has hiring and firing power over executive officials."

This case prompts the Court to reconsider the 1935 decision in Humphrey's Executor v. United States, which upheld restrictions on the president's power to remove FTC members. Overturning this precedent could affect not only the FTC but also other federal agencies with similar protections.

Slaughter's legal team emphasized the importance of these protections, stating that Congress provided removal safeguards to maintain the integrity of the economy. They warned that granting the executive branch unchecked power over such appointments could have significant negative implications for ordinary Americans.

Chief Justice John Roberts had previously issued a temporary stay on September 8, allowing President Trump to remove Slaughter from her position. Three liberal justices dissented from the decision to permit her removal during ongoing litigation. Justice Elena Kagan noted that the 1935 ruling remains valid until the Court decides otherwise, expressing concern that the current decision effectively grants the president full control over these agencies.

The Court's actions suggest a potential alignment with the Trump administration's argument that restrictions on the president's ability to remove FTC members without cause may unlawfully limit executive powers under Article 2 of the Constitution. Another legal question is whether Slaughter has a legal avenue to remain in office if her dismissal is ultimately deemed unlawful.

Oral arguments are scheduled for December. President Trump dismissed both Democratic commissioners on the five-member FTC, Slaughter and Alvaro Bedoya, in March. While both challenged their removals, Bedoya later withdrew from the case. A federal judge ruled in favor of Slaughter in July, citing the 1935 Supreme Court precedent, and the U.S. Court of Appeals for the District of Columbia Circuit reached a similar conclusion.

This year, President Trump has also sought to remove members of other independent federal agencies, actions that the Supreme Court has permitted. The Court's conservative majority has shown skepticism toward the concept of independent federal agencies not subject to presidential control, undermining such protections in recent cases. President Trump has pursued an assertive approach to reshape the federal government, including efforts to control traditionally independent agencies and dismiss thousands of federal workers. In another significant move, he is attempting to assert control over the Federal Reserve, which has traditionally operated independently.