Supreme Court Upholds Trump's Dismissal of FTC Commissioner Slaughter

The Supreme Court, in a 6-3 decision, has upheld President Donald Trump's removal of Federal Trade Commissioner Rebecca Slaughter, at least on an interim basis. The Court has also agreed to expedite a review of this significant dispute concerning the scope of executive power, with arguments scheduled for December.

The majority did not provide an explanation for their decision, aligning with recent orders that grant broad deference to the president regarding staffing decisions in independent agencies exercising substantial executive authority. President Trump dismissed Slaughter, who was appointed by former President Joe Biden, citing policy differences without cause.

Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson dissented, referencing federal law that permits the removal of FTC commissioners only for cause, as upheld in the 1935 Supreme Court case Humphrey's Executor v. United States. Justice Kagan wrote,

"The president cannot, as he concededly did here, fire an FTC Commissioner without any reason."

She further criticized the majority for effectively overruling Humphrey's without explicit acknowledgment or proper briefing.

The Court's decision to hear this case in December indicates a willingness to reconsider the precedent set by Humphrey's Executor, which could have broad implications for presidential authority over more than 50 independent agencies and corporations. In a separate order, the Court declined to expedite appeals from Cathy Harris, a former member of the Merit Systems Protection Board, and Gwynne Wilcox, a former member of the National Labor Relations Board, both removed by President Trump and contesting their dismissals under the same precedent. This suggests the Court intends to use the Slaughter case as the primary vehicle for addressing these critical questions of executive power.