Supreme Court allows Trump to remove FTC Commissioner Slaughter while it reviews Humphrey’s Executor
The Supreme Court, in a 6–3 order, granted a stay allowing President Trump to remove Democratic FTC Commissioner Rebecca Slaughter while it fast-tracks December arguments on whether the FTC’s for-cause removal protections violate separation of powers and whether to overturn the 1935 Humphrey’s Executor precedent; the stay remains until a final ruling. The justices will also consider whether courts can block or remedy removals—after lower courts briefly reinstated Slaughter—with Solicitor General D. John Sauer arguing reinstatement is unavailable and only back pay may be, as Justice Elena Kagan dissented that the majority is handing presidents sweeping control over independent agencies. The dispute unfolds alongside Trump’s removal of FTC Commissioner Alvaro Bedoya (who later resigned) and other challenges involving NLRB and MSPB members, while the Court has hinted Federal Reserve officials like Lisa Cook may have special insulation.
📊 Analysis & Commentary (1)
"A critical opinion piece arguing that recent court and administration moves to let the president remove independent regulators exemplify a wider, dangerous trend of concentrating power in the executive and hollowing out institutional checks."
📰 Sources (5)
- Axios notes the Court has suggested Federal Reserve officials may have special protection due to the Fed’s unique structure in the separate Lisa Cook case.
- Includes fresh excerpts of Justice Elena Kagan’s dissent criticizing the emergency docket use to shift power from Congress to the President.
- Details a 6–3 split with a dissent authored by Justice Elena Kagan, joined by Justices Sotomayor and Jackson, warning the majority has handed presidents full control over independent agencies.
- Sets December arguments on whether to overturn the 1935 Humphrey’s Executor precedent that underpins for-cause protections for independent agency officials.
- Notes Trump also fired Democratic FTC commissioner Alvaro Bedoya in March; Bedoya later resigned in June due to lack of income during litigation.
- Chronology of lower-court rulings: U.S. District Judge Loren L. AliKhan ruled Slaughter’s March firing unlawful in July; a divided D.C. Circuit panel reinstated her in early September.
- Solicitor General D. John Sauer argued lower courts applied an overly expansive view of Supreme Court precedent in protecting Slaughter.
- Mentions a separate pending dispute over removing Fed Governor Lisa Cook, with indications the central bank may be insulated under current law.
- Supreme Court formally agreed to hear the Rebecca Slaughter case and explicitly signaled it may overturn or narrow Humphrey’s Executor.
- DOJ Solicitor General D. John Sauer argued courts cannot order reinstatement and that only back pay is available as a remedy.
- Slaughter’s attorneys warned at-will presidential removal would politicize regulatory decisions and said any new powers should come from Congress.
- The Court will hear arguments unusually early, before lower-court proceedings conclude.
- NLRB’s Gwynne Wilcox and MSPB’s Cathy Harris asked the Court to hear their cases; the Court has already allowed the president to fire all three for now.
- The article notes the Court has suggested possible limits on presidential removal at the Federal Reserve, likely to be tested in Lisa Cook’s case.
- SCOTUS granted a stay permitting Slaughter’s removal pending a decision.
- Court granted review on whether FTC for‑cause protections violate separation of powers and whether Humphrey’s Executor should be overturned.
- Arguments set for the December session; stay remains until decision.
- Case also asks whether courts may block removals of independent agency officials.
- Slaughter was appointed in 2018, reappointed in 2021 for a term through 2029; Trump moved to remove her in March.
- Fox adds that Trump also fired Democratic FTC Commissioner Alvaro Bedoya after taking office, without citing cause, highlighting the conflict with the FTC Act’s for‑cause removal protections.