A federal appeals court has blocked President Trump’s removal of Federal Trade Commission (FTC) Commissioner Rebecca Slaughter, setting up a major legal battle over presidential authority to dismiss officials from independent agencies. The case is expected to test the scope of executive power before the Supreme Court.
In a 2–1 ruling, the U.S. Court of Appeals for the D.C. Circuit upheld a lower court order reinstating Slaughter, who was fired earlier this year. The majority opinion cited the Supreme Court’s 1935 Humphrey’s Executor v. United States precedent, which limits a president’s power to remove FTC commissioners without cause. That ruling has long protected the independence of regulatory agencies.
Judge Neomi Rao, a Trump appointee, dissented, arguing that the judiciary should not reinstate an official removed by the president. She warned the court’s ruling set a troubling precedent for separation of powers by elevating judicial oversight over executive decisions.
The Trump administration maintains that the Constitution grants the president broad authority to remove executive branch officials. White House officials indicated they will appeal to the Supreme Court, framing the case as a fundamental test of Article II powers.
The ruling highlights a growing confrontation between the executive branch and independent federal agencies. While conservatives have long criticized the unchecked power of regulatory bodies, courts have historically shielded agencies like the FTC and Federal Reserve from direct presidential control.
If the Supreme Court agrees to hear the case, it could redefine the balance of power between the presidency and independent commissions. A ruling in Trump’s favor would significantly expand executive authority, while a decision upholding current precedent would reinforce existing limits on presidential removal powers.
