The Trump administration has petitioned the Supreme Court to halt a federal appeals court’s ruling that mandates the reinstatement of Rebecca Slaughter, a dismissed commissioner of the Federal Trade Commission (FTC). This request follows a decision by the U.S. Court of Appeals for the District of Columbia Circuit, which declined to stay a lower court’s ruling requiring Slaughter’s reinstatement. The Supreme Court will now have to consider this matter on its emergency docket, raising questions about presidential authority over independent agencies.
Slaughter’s dismissal by President Trump in March was challenged on grounds of legality, as she argued her termination was inconsistent with federal regulations, specifically the protections outlined in the FTC Act. A lower court sided with Slaughter, prompting the Trump administration to seek relief through the appellate court, which subsequently did not grant the desired stay.
The central legal issue revolves around the 1935 Supreme Court decision in Humphrey’s Executor v. United States, which upheld protections for FTC commissioners against unjust removal. The current case, however, may test the extent of these protections in light of recent decisions that expanded executive power to dismiss agency heads without cause, such as those of the National Labor Relations Board and the Consumer Product Safety Commission.
U.S. Solicitor General D. John Sauer argued that the original interpretation of Humphrey’s Executor used by the lower courts is outdated. He contends that the FTC’s contemporary authority more closely aligns with agencies where greater presidential removal power has been recognized. The administration’s filing suggests the recent pattern of decisions supports the likelihood of success in this new context regarding the FTC.
This request brings to the forefront ongoing tensions regarding the separation of powers and the president’s ability to manage independent regulatory agencies. For more detailed analysis, visit the full article on SCOTUSblog.