Rebecca Slaughter was appointed during former President Joe Biden’s tenure. Trump removed her based on policy differences rather than any specific disciplinary reason. The move sparked legal controversy when it was argued that under federal law, FTC commissioners can only be removed for “good cause.”

Three Justices Dissent

Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson dissented from the decision, arguing that it contradicted landmark Supreme Court precedent, Humphreys Executor v. United States (1935). In that case, the Court clarified that officials of independent bodies like the FTC can only be removed for substantial cause.

Justice Kagan wrote in her dissent,

“The President, as he has held here, cannot remove an FTC Commissioner without cause. No other conclusion can be reached without overturning the Humphreys precedent. The majority is in a hurry to overturn this precedent.”

Kagan also alleged that the Supreme Court’s current conservative majority is effectively undermining a long-established and established decision without detailed hearings and debate.

Final hearing to be held in December

The Supreme Court has stated that it will hold a comprehensive hearing in December to determine whether granting members of independent bodies like the FTC protections for removal violates the principle of separation of powers under the Constitution.

If the Court overturns the Humphreys precedent, it could impact the autonomy of not only the FTC but also over 50 other federal independent agencies and further empower the President’s role in executive power.

Other Appeals Rejected

The Supreme Court declined to consider two other similar cases—the appeals of Merit Systems Protection Board member Kathy Harris and National Labor Relations Board member Gwynne Wilcox. Both officials were also dismissed by Trump during his tenure and were challenging their removals based on Humphreys.

Important View

This case is no longer limited to Rebecca Slaughter. The Supreme Court clearly views it as a pivotal issue regarding the President’s power over independent bodies of the executive branch. The December hearing will not only add a new twist to this controversy but also determine how independent agencies in America will remain independent in the future.

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