Supreme Court Decision on Trump v Slaughter
The US Supreme Court has ruled that former President Donald Trump has the authority to fire leaders of independent agencies or commissions, effectively ending a 90-year-old precedent that limited executive power in this area.
The decision in the case of Trump v Slaughter was reached with a 6-3 vote. Justices Sonia Sotomayor, Ketanji Brown Jackson, and Elena Kagan dissented.
Background of the Case
The case centered on the White House's March 2025 dismissal of Federal Trade Commission (FTC) member Rebecca Slaughter. Trump terminated Slaughter via email, stating that retaining her as a commissioner was "inconsistent with [the] administration’s priorities." Following her firing, Slaughter filed a lawsuit against the Trump administration, claiming she was removed without cause. A lower court ruled in her favor, ordering her reinstatement.
In response, the White House challenged Slaughter’s suit, urging the court to overturn the precedent set by Humphrey’s Executor v United States, a landmark 1935 Supreme Court ruling. That case had determined that the president unlawfully fired an FTC member, thereby restricting presidential control over independent agencies.
Role and Structure of the FTC
The FTC is responsible for enforcing consumer protection and antitrust laws. It is composed of five bipartisan commissioners, with a statutory limit that no more than three commissioners may belong to the same political party. Congress established restrictions on the hiring and firing of commissioners to shield the agency from partisan influence.
The Trump administration requested that the court of appeals stay the lower court’s reinstatement order while it pursued an appeal, but this request was denied.
Two appeals judges wrote in their ruling:
"The government is not likely to succeed on appeal because any ruling in its favor from this court would have to defy binding, on-point, and repeatedly preserved supreme court precedent."
Supreme Court Stay and Final Ruling
The Trump administration subsequently petitioned the Supreme Court to stay the reinstatement order during the appeal process. In September 2025, the Supreme Court granted the stay, with three justices dissenting.
By overruling Humphrey’s Executor, the Supreme Court’s decision has raised concerns among former government officials about the potential erosion of federal agency independence.
Concerns Over Agency Independence
Lauren McFerran, former chair of the National Labor Relations Board (NLRB), and Celine McNicholas, a former NLRB official, expressed their views in an October 2025 Economic Policy Institute report. They warned that removing these protections could compromise agency autonomy.
"Eliminating these removal protections would jeopardize all facets of agency independence, as agency leaders would be reluctant to engage in regulatory or enforcement actions – or even day-to-day agency decision-making – without coordinating with the White House for fear of termination,"they wrote.
