The Supreme Court has granted President Donald Trump temporary permission to remove several Democrat-appointed members of independent agencies. However, a case currently in progress holds significant implications for a president’s authority in this matter.
In the case of Slaughter v. Trump, a Biden-appointed member of the Federal Trade Commission is challenging what she deems an “illegal firing,” potentially leading the case to the Supreme Court. This case poses a direct question to the justices regarding their stance on Humphrey’s Executor v. United States, a longstanding decision on a president’s power over independent regulatory agencies.
Constitutional law expert John Shu, who served in both Bush administrations, believes the Supreme Court is likely to support the president when the case reaches them. He anticipates that the landmark decision of Humphrey’s Executor may be overturned or significantly limited.
Humphrey’s Executor originated from President Franklin D. Roosevelt’s attempt to dismiss an FTC commissioner based on political disagreements. The Supreme Court ruled that presidents cannot remove FTC commissioners without cause before their terms end. The functions of the FTC have evolved over the years, expanding its scope beyond its original purpose.
Recent decisions by the Supreme Court indicate a willingness to make the FTC less independent and more accountable to the president. The case of Rebecca Slaughter and Alvaro Bedoya closely relates to Humphrey’s Executor, raising questions about the limits of presidential power over regulatory agencies.
Slaughter briefly won a legal battle against her firing, similar to Humphrey’s case, but the ruling was later paused pending an appeal. Despite challenges, Slaughter is determined to fight her dismissal and uphold the independence of agencies like the FTC.
The article was authored by Ashley Oliver, a reporter covering legal affairs and the Justice Department for Fox News Digital and FOX Business. For story tips, please contact ashley.oliver@fox.com.
