Trump seeks Supreme Court approval to remove FTC commissioner

The Trump administration has turned to the Supreme Court in a bid to secure the president’s authority to dismiss a member of the Federal Trade Commission without cause.

According to Fox News, the case centers on President Donald Trump’s attempt to fire FTC Commissioner Rebecca Slaughter, a move lower courts blocked by citing laws that protect members of independent federal agencies from arbitrary removal.

On Thursday, the administration formally asked the high court to overturn rulings that kept Slaughter in her position. Trump tried to remove her earlier this year, but judges said she could only be dismissed for misconduct, neglect of duty, or similar statutory cause.

Historic Legal Precedent Under Scrutiny

The dispute could revive debate over a landmark 1935 Supreme Court ruling known as *Humphrey’s Executor*. That decision shielded independent agency members from political firings, creating decades of precedent supporting agency independence.

Lower-court judges emphasized that the earlier case also involved the FTC, underscoring its central role in shaping modern administrative law. They ruled Trump’s action contradicted the legal protections established nearly 90 years ago.

Earlier this week, an appeals court reinforced this view, declaring the president’s attempt to remove Slaughter unlawful and directly conflicting with the long-standing precedent.

Justice Department Challenges Agency Independence

The Justice Department, defending Trump’s move, argued that the FTC and similar regulatory agencies fall under executive control. In its view, the president must have the power to remove commissioners regardless of cause.

Officials maintained that this authority is essential to ensure accountability within the executive branch. They suggested the inability to dismiss agency heads undermines the president’s ability to direct federal policy.

The Supreme Court has already allowed the removal of some independent agency leaders in other cases. However, the justices have also suggested there may be limits, particularly with institutions such as the Federal Reserve.

Implications Beyond the Federal Trade Commission

The FTC’s work involves enforcing consumer protection and antitrust laws, making it one of the most prominent regulatory agencies in Washington. It traditionally consists of three commissioners from the president’s party and two from the opposing party.

Slaughter, originally appointed by Trump in 2018, was later reappointed by President Joe Biden. She is currently the only Democrat serving on the five-member commission.

As the case proceeded through the courts this year, she has been fired and reinstated multiple times depending on the latest ruling, leaving the FTC in a state of uncertainty.

Future Cases Could Test the Court

Beyond the FTC, the outcome of this case could affect other agencies structured for independence from the White House. These include regulators overseeing labor, employment discrimination, and broadcasting.

The Supreme Court’s willingness to reconsider *Humphrey’s Executor* may also influence future disputes. One potential test could involve Lisa Cook, a member of the Federal Reserve Board of Governors, as questions about removal authority extend to financial oversight bodies.

For now, the justices must decide whether to revisit a ruling that has shaped the relationship between the presidency and independent regulators for nearly a century, with implications that reach far beyond the tenure of any single commissioner.