The Supreme Court delivered a significant victory to President Trump by allowing his removal of Federal Trade Commission (FTC) Commissioner Rebecca Kelly Slaughter, a Biden appointee, to stand while the justices prepare to hear full arguments in December. The 6-3 decision marks a major step toward strengthening presidential authority over independent regulatory agencies.
The case centers on the 1935 precedent Humphrey’s Executor v. United States, which restricted a president’s ability to remove FTC commissioners except for “cause” such as neglect of duty or misconduct. President Trump’s legal team argued that the FTC wields executive power and therefore should be directly accountable to the president. The Court’s majority signaled agreement, temporarily sidelining Slaughter and allowing Trump to assert control over the agency.
Slaughter and her supporters claim the statute protects the independence of regulators, shielding them from political retaliation. They argue that without such protections, agencies like the FTC risk becoming partisan tools. However, the Court’s conservative majority has indicated growing skepticism of decades-old precedent that insulated unelected regulators from executive oversight.
By permitting the removal now, the Court has given Trump the upper hand before the December hearings, when justices will decide whether to uphold, narrow, or overturn Humphrey’s Executor. If the ruling is overturned, presidents would gain broad removal authority over commissioners at agencies such as the FTC, SEC, and FCC, fundamentally reshaping the balance of power in Washington.
The Court’s final decision later this year could mark one of the most consequential rulings on presidential power in nearly a century. For now, Trump has secured the right to remove a key Biden appointee and reassert executive control over the FTC.
