In a recent Supreme Court order, Chief Justice John Roberts allowed President Donald Trump to remove Federal Trade Commission (FTC) member Rebecca Slaughter, marking another instance where the court has permitted high-profile firings of independent agency officials. Trump initially sought to fire Slaughter in the spring, but she challenged the move in court. Lower courts ruled in her favor, citing a law that restricts removal of commissioners to cases of misconduct or neglect of duty. Roberts’ brief order paused those rulings while the court considers the Trump administration’s appeal.
The Justice Department contends that the FTC and similar executive agencies fall under presidential control, allowing removal of commissioners without cause. Slaughter’s lawsuit will continue, with Roberts requesting a response from her legal team by next week.
This decision follows a pattern where the Supreme Court’s conservative majority has moved away from the 1935 precedent set in Humphrey’s Executor, which protected independent agency members from arbitrary presidential dismissal. That ruling established the independence of agencies regulating labor, discrimination, and other areas. Conservative legal scholars have long criticized it, arguing agencies should be directly accountable to the president.
The FTC, a congressional creation responsible for consumer protection and antitrust enforcement, typically includes three commissioners from the president’s party and two from the opposition. The court’s stance on presidential removal powers may soon be tested further in cases involving other agencies, such as the Federal Reserve.
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