The Supreme Court granted President Trump permission on Monday to remove Democrats from the Federal Trade Commission (FTC), and a lawsuit has been initiated regarding the dismissal of one member.
Justice John Roberts issued a temporary hold on a lower court’s ruling that had allowed Rebecca’s position to remain secure within independent agencies after Trump sought her removal.
Roberts has communicated to Slaughter’s legal team that he holds the authority to remove her through September 15th.
Alongside Slaughter’s removal, Trump’s announcement in March led to the dismissal of Alvaro Bedoya and two other Democrats from the five-member FTC board. Bedoya initially attempted to challenge his firing, but eventually withdrew the lawsuit.
Recently, a divided DC Circuit appeals panel determined that Trump dismissed Slaughter “without cause” and violated the 1914 law designed to govern anti-trust and consumer protection regulations.
The Federal Trade Commission Act stipulates that commissioners can only be ousted for “inefficiency, neglect of duty, or misconduct.”
A Supreme Court case from 1935, Humphrey’s Executor v. United States, questioned the extent of the president’s power to dismiss FTC commissioners. In that unanimous decision, the Court ruled that the president cannot remove FTC members solely based on policy disagreements.
Roberts did not provide any detailed explanation for his emergency ruling on Monday, but it seems there was little significant opposition.
Trump’s legal representatives contended that the precedent set in Humphrey’s Executor infringes on the president’s powers as detailed in Article II of the Constitution.
The High Court has previously shown skepticism towards independent federal agencies, suggesting that Congress intended these bodies to be under limited presidential oversight.
For instance, in July, the Supreme Court allowed Trump to dismiss three members of the Consumer Product Safety Commission.
The FTC comprises five commissioners, each serving a term of seven years, and members cannot belong to the same political party under the founding law.
The Supreme Court is set to commence its new term on October 6th.
