Supreme Court Rules Trump Can Remove Top FTC Official, Sets Stage for Revisiting Longstanding Precedent
The U.S. Supreme Court has ruled that former President Donald Trump has the authority to remove a top official from the Federal Trade Commission (FTC), marking a significant decision that could reshape the independence of federal agencies.
In a 6-3 ruling, the justices sided with Trump, allowing him to fire Democratic Commissioner Rebecca Slaughter while legal challenges continue. The court also announced plans to revisit a nearly century-old precedent that shields independent agencies from presidential interference.
Justice Elena Kagan, writing for the three liberal dissenters, strongly criticized the ruling. She warned that it undermines the bipartisan independence of agencies that Congress intended to protect from political influence.
“Congress, as everyone agrees, prohibited presidential removals of these officials,” Kagan wrote. “Yet the majority has handed full control of all these agencies to the President. He may now remove any member he wishes, for any reason or no reason at all, potentially extinguishing agency independence.”
The Supreme Court will hear full arguments in December regarding whether to overturn the 1935 decision in Humphrey’s Executor, which established that independent agencies like the FTC are insulated from political pressure. That ruling originated when President Franklin D. Roosevelt attempted to remove an FTC commissioner, and the court limited removals to cases of misconduct or neglect of duty.
The FTC, responsible for enforcing consumer protection laws, typically consists of five commissioners: three aligned with the president’s party and two from the opposing party. Earlier this year, Trump dismissed two Democratic commissioners, including Slaughter and Alvaro Bedoya. While Bedoya later resigned, Slaughter challenged her removal in court. In July, a federal judge ruled her dismissal “unlawful” under the longstanding precedent.
Earlier this month, the Supreme Court issued a temporary order allowing Trump to proceed with the dismissal while considering whether to fully hear the case. Monday’s ruling confirmed that order, permitting the former president to continue with Slaughter’s removal.
Separately, the court is also reviewing another high-profile removal case involving Lisa Cook, a Federal Reserve governor. Cook was dismissed in August after allegations of mortgage fraud, which she has denied. A federal court previously ruled that the president did not have the authority to remove her, a decision now under the Supreme Court’s consideration.
This ruling raises significant questions about the balance of power between the presidency and independent federal agencies. Legal experts suggest it could have broad implications for the future operation of regulatory bodies across the United States, particularly those designed to remain insulated from partisan influence.