Supreme Court hears Trump challenge to independent agency protections

Trump fired the FTC Commissioners Rebecca Kelly Slaughter and Alvaro Bedoya in March 2025. Both were registered Democrats who were serving on the five-member commission. The FTC commissioners have fixed seven-year terms and can only be removed for cause under federal law. Trump claimed the authority to remove them at will as part of the unitary executive theory. The lower court ordered that Slaughter be reinstated, finding that the firing violated the statutory removal protections.

The Supreme Court granted certiorari but stayed the lower court reinstatement order, allowing the firing to stand while the case proceeds. The stay effectively means that Trump succeeded in removing Slaughter despite the legal challenge. The court scheduled oral arguments for December 2025. The decision could reshape presidential control over the independent agencies, including the FTC, SEC, FCC, NLRB, and others.

The case threatens to overturn Humphrey's Executor v. United States (1935), a unanimous Supreme Court decision that limited presidential removal power over the independent agencies. That ruling protected the FTC from President Roosevelt's attempt to fire a commissioner without cause. For 90 years, the precedent has insulated the independent agencies from direct presidential control, ensuring expertise and continuity across administrations.

The unitary executive theory claims that the Constitution vests all executive power in the president, meaning that no executive branch official can be insulated from presidential removal. The conservative legal scholars argue that the independent agencies violate Article II by creating a "headless fourth branch" that is beyond presidential control. The liberal scholars counter that Congress can structure agencies to serve specific regulatory missions that require independence from political pressure.

The FTC regulates antitrust enforcement, consumer protection, and competition policy. Five commissioners serve staggered seven-year terms, with no more than three from the same party. The structure was designed to ensure bipartisan expertise and prevent the politicization of antitrust decisions. Trump's firing of the Democratic commissioners gave the Republicans a 3-0 control of the commission, eliminating the bipartisan balance that Congress required.

If the court allows at-will removal, future presidents could fire and replace the independent agency heads whenever party control changes. The Federal Reserve, SEC, FCC, NLRB, and other independent agencies would lose institutional continuity. The presidents could pressure agencies to favor political allies in enforcement decisions. The long-term regulatory planning would become impossible as policies shift with each administration.

Deepak Gupta, a Supreme Court advocate, stated that "the outcome will matter a lot for Congress when we're digging up the rubble from this administration and trying to think about what kind of institutional arrangements are constitutional." The case will determine the limits on presidential power and the congressional ability to structure the independent agencies.

Rebecca Kelly Slaughter

FTC Commissioner

Fired by Trump in March 2025 despite serving a fixed term protected by statute. The lower court ordered her reinstatement but the Supreme Court stayed that order. She serves as the named plaintiff challenging presidential removal power. Her case will determine whether independent agency commissioners can be fired without cause. Previously served as acting FTC chair.

Donald Trump

President

Fired two Democratic FTC commissioners before their fixed terms expired, claiming unitary executive authority. His removal power assertion challenges 90 years of precedent protecting independent agencies. Victory would give him and future presidents control over agencies Congress designed to be independent. His three Supreme Court appointees could provide votes to overturn Humphrey's Executor.

Submit an amicus brief through legal organizations supporting FTC independence using Supreme Court filing rules at supremecourt.gov/filingandrules/rules_guidance.aspx

Contact the Senate Commerce Committee demanding they confirm FTC commissioners regardless of the Supreme Court ruling using committee form at commerce.senate.gov/contact

File a complaint with the FTC about loss of bipartisan enforcement if you're affected by reduced consumer protection using the FTC complaint assistant at reportfraud.ftc.gov

Support legislation strengthening statutory removal protections for independent agencies by contacting the House Judiciary Committee at judiciary.house.gov/contact