Supreme Court backs Trump's FTC commissioner dismissal in setback for Biden appointee
The Supreme Court just handed President Donald Trump a significant win by upholding his decision to terminate a Biden-appointed FTC commissioner. This ruling, though temporary, signals a potential shift in how executive power is wielded over independent agencies.
According to Fox News, the court voted 6-3 along ideological lines to maintain the firing of Rebecca Slaughter, a Democrat-appointed Federal Trade Commission member. Oral arguments for the case are scheduled for December, promising a deeper dive into this contentious issue.
This dispute kicked off when Trump, shortly after taking office, dismissed Slaughter and another Democrat-appointed commissioner, Alvaro Bedoya, without specifying cause beyond his constitutional authority over the executive branch. Bedoya stepped down, but Slaughter dug in, challenging the move legally and setting the stage for a showdown.
Challenging the Administrative State's Insulation
Slaughter's firing clashed with the FTC Act, which stipulates that commissioners serve seven-year terms and can only be removed for cause, like misconduct. Her case bounced through lower courts, with reinstatements and subsequent firings, until reaching the Supreme Court on an emergency request from the Trump administration.
The high court's interim decision to keep Slaughter sidelined means she won't return to the FTC until at least after the December arguments. This pause gives Trump a tactical edge as the broader question of presidential power over independent agencies looms large.
Independent bodies like the FTC, labor boards, and the Securities and Exchange Commission have historically been shielded from at-will dismissals by law. Trump's push to assert control suggests a desire to streamline executive influence, a move many see as long overdue in curbing unelected bureaucrats' overreach.
Historical Precedent Under Scrutiny
Slaughter argued before the Supreme Court that upholding her termination, even temporarily, defies the 90-year-old precedent set in Humphrey's Executor vs. the United States, which blocked a similar firing by President Franklin D. Roosevelt. She positioned this as a direct assault on established legal norms protecting agency independence.
Legal observers note that the current conservative-leaning court might be poised to narrow or even overturn that precedent, potentially reshaping how presidents interact with independent agencies. Such a shift could redefine the balance of power, pulling authority back from sprawling administrative structures.
Justice Elena Kagan, writing for the dissenting liberal justices, warned that the majority seems eager to dismantle Humphrey's Executor. Her concern is that emergency rulings shouldn't preemptively undermine standing law before a full review.
Dissent Highlights Separation of Powers Concerns
Kagan's dissent sharpened her critique, stating, "Our emergency docket should never be used, as it has been this year, to permit what our own precedent bars." She sees this as a dangerous trend of shifting authority from Congress to the President, altering the nation's foundational checks and balances.
The liberal justices' opposition underscores a deeper rift over how much autonomy independent agencies should retain. Their stance reflects a worry that executive overreach could erode legislative intent, a fear not without merit but arguably overstated given the need for accountable governance.
Slaughter's determination to see this case through, despite multiple firings and reinstatements, paints her as a steadfast defender of the status quo. Yet, her fight might be swimming against a tide of growing skepticism about unchecked bureaucratic power.
A Broader Fight for Executive Authority
The Supreme Court's final ruling in December could set a precedent far beyond Slaughter's individual case, impacting how future presidents manage a host of independent entities. This isn't just about one commissioner; it's about whether the executive can truly steer the ship without legal roadblocks erected decades ago.
Trump's broader agenda to unify executive control speaks to a frustration with the so-called administrative state, where agencies often operate as mini-fiefdoms with little oversight. If the court sides with him, it could mark a decisive blow to the progressive framework that insulates these bodies from direct accountability.
As this legal battle unfolds, the nation watches a fundamental question being tested: should a president, elected by the people, have the reins over all corners of the executive branch? December's arguments will likely offer clarity, but for now, Trump's victory stands as a promising step toward reasserting that authority.





