Articles Tagged: Agency Litigation


Supreme Court Recasts FTC Independence in Slaughter Removal Ruling

The U.S. Supreme Court has handed down a consequential separation-of-powers decision, ruling 6-3 that the president may remove FTC commissioners at will. In doing so, the Court allowed President Donald Trump’s firing of Commissioner Rebecca Slaughter to stand and overturned the longstanding 1935 precedent of Humphrey’s Executor v. United States, which had insulated FTC commissioners from removal except for cause.

The dispute, now reflected on Docket Alarm as Donald J. Trump, President of the United States, et al., Petitioners v. Rebecca Kelly Slaughter, marks one of the Court’s most significant recent statements on presidential control over the administrative state.

Supreme Court Signals Broader Vulnerability for Independent Agencies

The Supreme Court’s latest action backing President Trump’s firing of an FTC member is likely to reverberate well beyond the Federal Trade Commission. For lawyers tracking the administrative state, the immediate takeaway is not just about one personnel dispute—it is about the Court’s growing willingness to reconsider how much insulation Congress can give independent agencies from presidential control.

That shift matters because many enforcement and rulemaking frameworks rest on the assumption that certain regulators can operate with a measure of independence from the White House.