Trump Administration Urges Supreme Court to Allow FTC Dismissals
The Trump administration has requested that the Supreme Court permit President Trump to remove members of the Federal Trade Commission (FTC). This action follows earlier developments regarding FTC member Rebecca Kelly Slaughter, who, despite Trump’s attempts to dismiss her earlier this year, was allowed to keep her position due to a lower court’s ruling. The court concluded that removals could only be justified under specific circumstances, such as fraud or neglect of duty.
This week, an appeals court determined that Trump’s attempt to fire Slaughter was illegal, citing existing Supreme Court precedents. They indicated that a formal challenge to the president’s removal powers needs to be assessed further.
The appeals court’s ruling effectively prevents Trump from removing FTC Commissioners without proper cause, which raises broader questions about executive authority. The Department of Justice argues that agencies like the FTC fall under presidential control and should allow dismissals without explicit justification.
This legal challenge might prompt the highest court in the land to reconsider the 1935 Supreme Court case known as Humphrey’s Executor, which established the independence of federal regulatory agencies tasked with overseeing labor relations and antitrust matters.
The FTC, formed by Congress, plays a crucial role in consumer protection and enforcement of antitrust laws. Usually, its five commissioners include three from the ruling party and two from the opposition party. Slaughter, appointed by Trump in 2018 and later reappointed by President Biden, remains the only Democrat among the group.
The recent controversy highlights a broader struggle regarding the independence of regulatory agencies from presidential influence. While the Supreme Court has previously supported the removal of some officials from independent organizations, there are indications that Trump’s powers in this domain could be limited, especially with ongoing cases involving figures like Federal Reserve member Lisa Cook.
