Supreme Court Backs Trump’s Firing Of FTC Commissioner
The Supreme Court has agreed to hear a landmark case that could finally decide whether President Donald J. Trump has full authority to fire members of so-called “independent” agencies like the Federal Trade Commission.
In its order Monday, the Court went a step further—granting Trump the power to remove Democratic FTC Commissioner Rebecca Kelly Slaughter immediately, even while the case is pending. Oral arguments are set for December, and the stay will remain in effect until the justices issue a final ruling.
At the center of the case is whether statutory limits on firing FTC commissioners—protections dating back to 1914—are unconstitutional infringements on the president’s executive power. The dispute directly challenges Humphrey’s Executor v. United States, a nearly 90-year-old precedent often cited to insulate bureaucrats from accountability.
The Court’s left flank—Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson—dissented. Kagan fumed in her opinion that the ruling effectively hands Trump “full control” over independent agencies. But critics note these agencies are hardly “independent” in practice, since presidents routinely stack them with ideological allies.
Attorney General Pam Bondi applauded the ruling as a victory for the Constitution and the separation of powers.
“This helps affirm our argument that the President, not a lower court judge, has hiring and firing power over executive officials,” Bondi posted on social media. “We will continue fighting and winning in court to defend President Trump’s agenda.”
The case stems from Trump’s effort to remove Slaughter earlier this year. A lower court blocked the move, citing a 1914 statute restricting removals to “inefficiency, neglect of duty, or malfeasance.” But the Supreme Court’s order now frees Trump to act while the justices consider the broader constitutional question.
The decision comes as part of a larger trend. Courts have recently upheld Trump’s right to remove Democratic appointees at the National Labor Relations Board, the Merit Systems Protection Board, and the Consumer Product Safety Commission—despite similar “protections.” Justice Brett Kavanaugh has already signaled it’s time for the Court to settle the issue once and for all, warning that constant litigation over the 1935 precedent is doing more harm than good.
Slaughter, first appointed by Trump in 2018 and later reappointed by Joe Biden to a term running through 2029, sued after her dismissal, and lower courts initially ordered her reinstated. Now, the Supreme Court will have the final word.
The outcome could fundamentally reshape the balance of power in Washington—reining in unelected bureaucrats and restoring accountability to the presidency.