The U.S. Supreme Court announced it will hear arguments on December 8 in a case that could reshape the balance of power between the presidency and independent federal agencies, according to Reuters. The dispute centers on former President Donald Trump’s decision to remove Rebecca Slaughter, a Democratic member of the Federal Trade Commission (FTC), before the end of her term.
In September, the court agreed to take up the case while simultaneously allowing Trump to proceed with Slaughter’s dismissal. The justices lifted a lower court order that had temporarily prevented her removal. Slaughter, whose term was set to run through 2029, had challenged her firing in court, arguing it violated federal law that protects the independence of FTC commissioners, per Reuters.
The outcome could have far-reaching implications. The case may prompt the justices to revisit a landmark 1935 ruling, Humphrey’s Executor v. United States, which upheld congressional limits on the president’s power to remove members of independent agencies. That decision has long served as a cornerstone for maintaining agency autonomy from political influence.
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The Supreme Court, currently holding a 6-3 conservative majority, saw its three liberal members dissent from the decision to let Trump remove Slaughter while litigation continues. According to Reuters, federal law allows presidents to remove FTC commissioners only for specific reasons such as inefficiency, neglect of duty, or malfeasance — not for disagreements over policy.
Trump’s move to fire Slaughter, one of two Democratic commissioners dismissed in March, drew backlash from Democratic lawmakers and antitrust advocates. Critics argued the action aimed to silence internal dissent and weaken the FTC’s oversight of corporate practices.
Earlier this year, U.S. District Judge Loren AliKhan in Washington blocked the firing, ruling that the statutory protections for FTC commissioners align with constitutional principles. The D.C. Circuit Court of Appeals later upheld that decision. Both courts cited the Humphrey’s Executor precedent, which limited presidential authority to remove agency officials based solely on policy conflicts.
Source: Reuters
