Supreme Court Confirms Trump’s Authority to Dismiss FTC Commissioner

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The Supreme Court agreed to hear a case that could redefine the president’s authority over independent federal agencies, allowing President Donald Trump to potentially remove Federal Trade Commission Commissioner Rebecca Kelly Slaughter without cause while the matter is pending. Arguments are set for December, with a temporary stay enabling her removal until a final ruling.

The case challenges whether statutory protections shielding FTC commissioners violate the separation of powers and questions whether the 1935 precedent in Humphrey’s Executor v. United States should be overturned. It also examines whether lower courts can block presidential removals, following disputes over Trump’s attempts to dismiss Democratic appointees.

Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson dissented, warning that the order grants the president “full control” over independent agencies. Kagan argued the decision could eliminate agency bipartisanship and independence. Critics, however, note that presidents typically appoint allies anyway, meaning the so-called independence is often political theater. Attorney General Pam Bondi called the ruling a significant win for executive authority, emphasizing that the decision reinforces the president’s power to hire and fire executive officials.

The legal battle began when Trump sought to remove Slaughter, originally appointed to the FTC in 2018 and reappointed by President Biden through 2029. Lower courts blocked the move, citing federal law that allows commissioners to be dismissed only for inefficiency, neglect of duty, or malfeasance. Chief Justice John Roberts temporarily stayed that ruling while the Supreme Court considered emergency relief.

This case is part of a broader trend of Trump successfully asserting removal authority over members of independent agencies, including the National Labor Relations Board, the Merit Systems Protection Board, and the Consumer Product Safety Commission. These rulings have put longstanding precedents under scrutiny and prompted calls for clarity from the high court.

Justice Brett Kavanaugh, in a concurring opinion on a related case, highlighted that delays in resolving such legal questions can create more problems than they solve, underscoring the urgency for the Supreme Court to define the president’s removal powers. With this decision, the Supreme Court may finally settle the tension between presidential authority and congressional protections for independent agency officials, a ruling that could reshape executive power for years to come.

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