The Supreme Court is preparing to revisit one of the most significant precedents limiting presidential authority over independent agencies. In 1935, the Court ruled in Humphrey’s Executor v. United States that President Franklin Roosevelt acted illegally when he tried to remove an FTC commissioner who opposed the New Deal, establishing that agency heads could not be dismissed at will.
Now, nearly 90 years later, the justices have agreed to hear Trump v. Slaughter, a case testing whether Donald Trump had the constitutional authority to fire FTC commissioner Rebecca Slaughter, a Democratic appointee. The Court has already signaled its leanings, voting 6–3 to let Trump’s removal stand while the case proceeds, suggesting a likely ruling in his favor.
At stake is whether the Court will overturn Humphrey’s Executor, a move that would grant presidents sweeping power to dismiss officials at independent agencies such as the FTC. Legal historians note the parallels to Roosevelt’s frustration with the decision, which contributed to his failed 1937 court-packing plan.
A ruling against Humphrey’s Executor could reshape the balance between the executive branch and regulatory bodies, marking a dramatic expansion of presidential power. Arguments are set for December.
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