Supreme Court likely to allow Trump FTC firing, expanding presidential power

The Supreme Court appears poised to let President Trump fire an FTC commissioner for policy reasons, which would sharply expand presidential control over many “independent” agencies and weaken long‑standing limits on at‑will removal.

What the case is about

• The case, Trump v. Slaughter, concerns Trump’s removal of Democratic FTC Commissioner Rebecca Slaughter solely because her policy views conflicted with his administration’s priorities.

• Federal law currently allows removal of FTC commissioners only for “inefficiency, neglect of duty, or malfeasance,” a protection rooted in a 1935 Supreme Court decision, Humphrey’s Executor v. United States.

Signals from the justices

• All six conservative justices signaled in oral argument that the president should have near‑absolute power to remove leaders of agencies performing executive functions like rulemaking and enforcement.

• Several conservatives openly criticized Humphrey’s Executor, suggesting it should be overruled or sharply limited, while the three liberal justices warned that such a move could “destroy the structure of government” by eroding checks on presidential power.

Impact on independent agencies

• A ruling for Trump would likely curtail or end the practical independence of roughly two dozen bipartisan commissions and boards designed to be insulated from direct White House control, including bodies that oversee markets, transportation, communications, labor, and elections.

• The decision could make it easier for presidents to replace expert, bipartisan commissioners with ideological loyalists, increasing policy swings between administrations and injecting more political uncertainty into long‑term regulation and investment planning.

Possible exceptions and timing

• Justice Brett Kavanaugh suggested the Court may preserve special treatment for the Federal Reserve and for administrative courts, even while expanding presidential removal power elsewhere.

• A separate case next month will address Trump’s attempt to fire Federal Reserve Governor Lisa Cook; together with Trump v. Slaughter, the rulings will determine how many, if any, Democrats remain on key commissions and how “independent” such agencies remain going forward, with decisions expected by June 2026.