The US Supreme Court on Monday permitted Donald Trump to dismiss Rebecca Slaughter, a Democratic member of the Federal Trade Commission, for the time being, while agreeing to hear arguments in the case in December. This sets up a significant test of presidential authority over independent agencies established by Congress.
The court granted a Justice Department request to block a judge's order that had protected Slaughter, who sued to challenge her removal from the consumer protection and antitrust agency before her term ends in 2029. The justices will consider whether to overturn a 90-year-old precedent that upholds job protections for heads of certain federal agencies.
Federal law allows a president to remove FTC commissioners only for cause, such as inefficiency or neglect of duty, not for policy differences. Similar protections apply to other independent agencies like the National Labor Relations Board. Slaughter was one of two Democratic commissioners Trump moved to fire in March, drawing criticism from Democrats and antimonopoly groups.
The Supreme Court did not set a precise date for the December arguments. The lower courts had ruled that the statutory protections align with the Constitution, citing the 1935 precedent in Humphrey's Executor v United States. The Trump administration argues the modern FTC has broader powers, justifying at-will removal, while Slaughter's lawyers contend the agency's development shows continuity.
