The Supreme Court has agreed to hear a landmark case that could redefine how much control a president has over independent federal agencies. The dispute centers on Donald Trump’s recent efforts to fire members of the Federal Trade Commission without cause, something long prohibited under existing legal precedent.
At stake is the future of a 1935 Supreme Court decision known as Humphrey’s Executor, which limited a president’s ability to fire watchdog officials. Trump’s legal team wants that ruling tossed out, arguing it unfairly restricts presidential authority.
The court’s conservative majority greenlit Trump’s request to temporarily remove FTC Commissioner Rebecca Kelly Slaughter, prompting sharp criticism from the liberal justices. “Our emergency docket should never be used… to transfer government authority from Congress to the president,” Justice Elena Kagan wrote in dissent, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson.
Trump first appointed Slaughter in 2018. She was later reappointed by President Biden and confirmed without opposition. The FTC enforces key consumer protection and antitrust laws, with commissioners serving staggered seven-year terms.
The Court declined to take up related cases involving officials from the National Labor Relations Board and the Merit Systems Protection Board, signaling a clear focus on the FTC dispute.
Arguments are set for December. If Humphrey’s Executor is overturned, it could allow presidents to unilaterally remove officials from agencies designed to operate free of political pressure, altering the balance of power in Washington in a major way.
