The Supreme Court has taken a stance in a pivotal case concerning President Donald Trump's authority to dismiss Federal Trade Commission (FTC) Commissioner Rebecca Kelly Slaughter. With a decisive brief order, the Court has granted Trump the right to remove Slaughter while legal proceedings are ongoing. This case, which is set for arguments in December, has sparked a substantial legal debate over the president's power to fire appointed officials and the constitutional principle of separation of powers.
At the heart of the controversy is the question of whether statutory measures that insulate FTC commissioners from removal violate the Constitution's separation of powers doctrine. The case also examines the validity of a 1935 decision, Humphrey's Executor v. United States, which upheld such protections. Lower courts have previously thwarted similar removal attempts by Trump, particularly concerning Democratic appointees, setting the stage for the Supreme Court's current intervention.
The high court's more liberal members, Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson, registered their dissent. Kagan articulated concerns that the order effectively provides the president with unchecked control over independent agencies, which, by design, should operate with a degree of political insulation. According to the Conservative Brief, she noted that the majority's decision contradicts congressional intent by permitting the president to remove any agency member "for any reason or no reason at all," potentially undermining the agencies' bipartisanship and independence.
On the other side, Attorney General Pam Bondi celebrated the Supreme Court's decision as a significant affirmation of presidential authority. In a statement on social media, Bondi lauded the ruling for upholding the president's prerogative over executive hiring and firing decisions, viewing it as a vindication of Trump's agenda.
The case traces back to Trump's move to discharge Slaughter in March, an action deemed unlawful by a lower court under a 1914 law that restricts removal to instances of inefficiency, neglect of duty, or malfeasance. Chief Justice John Roberts later temporarily suspended the lower court's order, pending the Supreme Court's review for emergency relief. This legal tussle is part of a broader set of emergency appeals concerning Trump's attempts to oust Democratic appointees from independent agencies, with the Supreme Court increasingly siding with Trump.
The rulings have prompted a reevaluation of Humphrey's Executor, with some justices, including Brett Kavanaugh, signaling the need to definitively resolve the precedent's status. Kavanaugh, in a related case, suggested that the disadvantages of postponing a clear resolution often outweigh the benefits of additional lower-court examinations.
Rebecca Kelly Slaughter's tenure at the FTC began with her appointment by Trump in 2018 and was extended by former President Joe Biden until 2029. Her case underscores the ongoing struggle over the extent of presidential power and the future of independent regulatory agencies.
