The executive power debate surged back into national focus on Monday. The U.S. Supreme Court ruled in favor of President Donald Trump, allowing him to remove an FTC commissioner without cause. This development adds new urgency to the ongoing challenge over presidential authority.
Chief Justice John Roberts issued a short order upholding Trump’s action. The decision directly affects FTC Commissioner Rebecca Slaughter, a Biden appointee. She must remain dismissed for at least one more week while the Court reviews her case.
Slaughter’s legal journey has been chaotic. A district court reinstated her. Then, she was re-fired, re-hired, and re-fired again. After an appeals court allowed her return on September 2, she resumed work immediately. She also published multiple dissents during her brief time back.
Despite the setback, Slaughter vowed to continue the fight. “I intend to see this case through to the end,” she said. She emphasized the importance of transparency and accountability in independent agencies.
The executive power debate centers on Trump’s firing of Slaughter and fellow Democrat Alvaro Bedoya. The FTC Act protects commissioners from removal without cause during their seven-year terms. Trump’s actions challenge that long-standing protection.
At the heart of this legal clash lies the 1935 case Humphrey’s Executor v. United States. In that decision, the Court blocked President Franklin D. Roosevelt from removing an FTC commissioner without cause. Since then, the ruling has stood as a major limit on presidential power.
Now, legal experts openly wonder whether today’s Supreme Court will overturn or narrow that long-standing precedent. Meanwhile, Solicitor General John Sauer, representing the Trump administration, presented arguments for broader presidential authority. He claimed the FTC now wields far more power than it did in the 1930s. Specifically, the agency enforces dozens of federal statutes, including the Sherman Act.
In addition, the FTC can file lawsuits, seek injunctions, and impose financial penalties. Therefore, Sauer argued that the current version of the FTC holds clear executive authority. As a result, he believes the president should have the power to remove commissioners at will.Sauer also challenged the idea that any agency named “Federal Trade Commission” deserves the same protections forever. He warned that unchecked agencies could limit executive authority unfairly.
As the executive power debate continues, the Supreme Court’s upcoming decisions could redefine the limits of presidential control. All eyes now turn to what comes next.
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