The Supreme Court on Monday appeared divided along ideological lines as it considered whether President Donald Trump can fire a member of the Federal Trade Commission without cause in a case that could upend decades of protections for leaders of independent federal agencies.
At issue is Trump’s attempt to dismiss FTC commissioner Rebecca Slaughter, a Democrat first appointed during his first term. The administration argues that the Constitution gives presidents broad authority to remove executive officials, and that limits imposed by Congress violate separation-of-powers principles.
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That position directly challenges Humphrey’s Executor, a 1935 ruling that shields FTC commissioners from removal except for “inefficiency, neglect of duty, or malfeasance.”
During oral arguments, the court’s six conservative justices appeared more receptive to the government’s position, raising questions about whether Congress could erode presidential power by turning Cabinet agencies into independent commissions.
The court’s three liberal justices pushed back, warning that overturning Humphrey’s Executor could dismantle Congress’ ability to design agencies meant to operate outside direct political control.
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"You're asking us to destroy the structure of government and to take away from Congress its ability to protect its idea that the government is better structured with some agencies that are independent," said Justice Sonia Sotomayor
The ideological divide underscores the high stakes: a ruling in Trump’s favor could significantly expand presidential control over regulatory agencies and reduce the independence of officials who oversee areas from consumer protection to financial markets.
A decision is not expected for potentially months.
