The Supreme Court seems poised to overturn a nearly century-old rule that limits the president’s ability to remove Federal Trade Commission (FTC) commissioners. If the court rules in favor of former President Donald Trump, it could significantly expand the president’s authority over the FTC and other independent agencies, like the Federal Communications Commission. This case stems from a legal challenge after Trump dismissed two Democratic FTC commissioners in March.

Background on the Legal Fight

The case centers around a 1935 Supreme Court decision called Humphrey’s Executor v. United States. That ruling established that the president could only remove FTC commissioners for reasons like inefficiency, neglect, or misconduct. It was seen as a safeguard to keep independent agencies from being directly controlled by the president. However, Trump’s administration argued that this precedent was outdated and should be reconsidered.

Former FTC Commissioner Rebecca Kelly Slaughter, a Democrat, sued Trump after he removed the two Democratic commissioners. Her case claims that the 1935 ruling still protects commissioners from being fired without cause. The legal debate has now reached the Supreme Court, which heard oral arguments on the issue recently.

Supreme Court Justices Signal a Major Change

During the recent hearing, conservative justices indicated they might overturn Humphrey’s Executor. Chief Justice John Roberts criticized the 1935 decision, calling it a “dried husk.” He said that the case no longer reflects how the FTC operates today. Roberts pointed to a 2020 Supreme Court ruling in Seila Law, which limited the powers of the Consumer Financial Protection Bureau, as evidence that Humphrey’s Executor is outdated.

Roberts explained that the 2020 decision made it clear that the original reasoning behind Humphrey’s was no longer relevant. He suggested that the powers granted to agencies like the FTC have changed significantly since 1935 and that the old precedent might not apply anymore. The court’s liberal justices appeared more cautious, but the overall tone suggests a willingness to reshape the rules around agency independence.

If the court sides with Trump, it could give presidents much more control over independent agencies. That could change how these agencies operate and how their leadership is appointed or dismissed in the future. The decision is expected to have wide-reaching implications for federal regulatory bodies and their independence from political influence.

In summary, the Supreme Court’s upcoming ruling could mark a major shift in administrative law. It may weaken longstanding protections for agency commissioners and give presidents greater power to remove them at will. The case highlights ongoing debates about the balance of power between the executive branch and independent agencies in the U.S. government.

Inspired by

• https://arstechnica.com/tech-policy/2025/12/supreme-court-appears-likely-to-approve-trumps-firing-of-ftc-democrat/

Sources

• supremecourt.gov
• supremecourt.gov