The Supreme Court issued a temporary order allowing former President Donald Trump to dismiss Rebecca Kelly Slaughter, a commissioner of the Federal Trade Commission (FTC). This decision, while temporary, significantly weakens the independence of the FTC and potentially sets a precedent affecting other independent agencies. The Court's action temporarily overrode a lower court ruling that had reinstated Slaughter.
The core of the dispute revolves around the 1914 law establishing the FTC, which limits the President's power to remove commissioners without cause, specifically citing "inefficiency, neglect of duty, or malfeasance in office." Slaughter and fellow commissioner Alvaro Bedoya, both Democrats, were dismissed by Trump in March. While Bedoya later withdrew from the legal challenge, Slaughter fought the dismissal, arguing it violated the established legal precedent set in *Humphrey's Executor v. United States* (1935).
This 1935 Supreme Court case upheld the limitations on presidential power to remove FTC commissioners without cause. However, recent Supreme Court decisions have displayed a growing skepticism toward the concept of independent agencies not fully subject to presidential control. The Trump administration argued that the removal restrictions unduly limited the President's executive authority as defined in Article II of the Constitution. The Supreme Court's temporary order suggests a leaning toward accepting this argument.
Slaughter, who briefly resumed her position following the lower court rulings, stated her intention to continue the legal battle. She emphasized the importance of maintaining congressional intent for transparency and accountability within bipartisan, independent agencies. The Supreme Court’s decision, even if temporary, raises serious questions about the future autonomy of independent agencies designed to operate free from direct political pressure. The FTC, with its five commissioners serving seven-year terms, is intended to operate with a balance of political representation. The removal of Slaughter and Bedoya shifted this balance, further highlighting the implications of this Supreme Court ruling. The ongoing legal battle will ultimately determine the extent to which the President can dismiss independent agency members.
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Originally published at: https://www.nbcnews.com/politics/supreme-court/supreme-court-allows-trump-fire-ftc-commissioner-rcna229385
