Supreme Court weighs presidential removal power as Kavanaugh flags Federal Reserve independence
The Supreme Court is hearing Trump v. Slaughter, a direct challenge to the 1935 Humphrey’s Executor precedent that could let presidents fire FTC commissioners at will — Solicitor General D. John Sauer urged overruling while liberal justices warned overturning the rule would destabilize independent agencies, and the Court allowed Rebecca Slaughter’s removal to stand pending review after lower courts ordered reinstatement. Justice Kavanaugh pressed the government on how its theory would preserve Federal Reserve independence, and the Court will separately consider President Trump’s effort to remove Fed Governor Lisa Cook amid broader removals of Democratic agency officials this year.
📌 Key Facts
- The Supreme Court is hearing Trump v. Slaughter, a challenge to President Trump’s March removal of FTC Commissioner Rebecca Kelly Slaughter (first appointed in 2018, reappointed to a term through 2029), who was fired via an email saying her “continued service on the FTC is inconsistent with [the Trump] Administration’s priorities.”
- The Court framed two questions for argument: whether statutory “for‑cause” removal protections for FTC commissioners violate the Constitution and whether Humphrey’s Executor (the 1935 precedent protecting independent‑agency heads) should be overruled; it will also consider whether courts can provide equitable or legal relief to block a removal.
- The justices used the emergency docket earlier to allow Slaughter’s removal to stand while the Court decides the merits—an action that split 6–3 along ideological lines and drew dissents from Justices Kagan, Sotomayor and Jackson.
- U.S. Solicitor General D. John Sauer argued for the administration (arguing first) that Humphrey’s Executor unconstitutionally limits presidential authority, calling the precedent a “decaying husk” and warning of a “headless fourth branch”; Solicitor General filings pressed the Court to permit at‑will removal of commissioners.
- Several conservative justices signaled willingness to expand presidential removal power (with Justice Kavanaugh warning that once power is removed from the president it is hard to reclaim), while liberal justices (Kagan, Sotomayor) warned that overruling Humphrey’s Executor could “profoundly destabilize” government structure and threaten independence across agencies (including the Tax Court and civil‑service protections).
- The Court pressed the government for a limiting theory to preserve the Federal Reserve’s political independence if at‑will removal for other independent agencies is allowed; justices struggled to articulate a principled way to protect the Fed, and a separate case over Trump’s attempt to remove Fed Governor Lisa D. Cook is set to be heard next month.
- Context and stakes: Congress has long provided statutory “for‑cause” tenure for FTC commissioners (since the FTC’s 1914 design), and this term of removals this year has included Democratic members across multiple independent agencies (FTC, NLRB, MSPB, CPSC, EEOC); only a few officials targeted so far—Fed Governor Lisa Cook and Library of Congress copyright official Shira Perlmutter—have resisted removal efforts.
- Oral arguments were scheduled with live audio access (Monday at 10 a.m. EST), the Court’s decision is expected by the end of June, and Rebecca Slaughter is represented by Amit Agarwal of Protect Democracy.
📊 Relevant Data
The Federal Trade Commission consists of five commissioners, with no more than three belonging to the same political party, to maintain bipartisan balance and independence from political interference.
Commissioners | Federal Trade Commission — Federal Trade Commission
A 2025 analysis found little partisan difference among FTC commissioners in their votes on enforcement actions, suggesting that independence fosters bipartisan consensus.
Little partisan difference among commissioners in FTC enforcement — Legal Dive
A 2025 study revealed that central bank independence has a statistically significant and pronounced effect on disinflation in emerging economies such as Turkey and Brazil.
The Impact of Central Bank Independence on Inflation and Economic Growth: A Long-Run Panel Analysis for Emerging Economies — ResearchGate
📊 Analysis & Commentary (1)
The Trump show hits the stage
"A Playbook commentary that juxtaposes Trump’s showman-like Kennedy Center outing with the high-stakes Supreme Court hearing in Slaughter v. Trump, warning that the Court could enshrine a sweeping expansion of presidential removal power and thereby weaken independent agencies."
📰 Sources (12)
Supreme Court Struggles With How to Insulate the Federal Reserve From Politics
New information:
- Justice Brett Kavanaugh pressed Solicitor General D. John Sauer on how the administration's position would avoid undermining the Federal Reserve's independence, saying he shares those concerns.
- The government struggled to articulate a principled limiting theory that would preserve Fed independence while allowing at-will removal of FTC commissioners.
- A separate case next month will directly involve the Federal Reserve, centered on President Trump’s attempt to fire Fed Governor Lisa D. Cook.
Supreme Court hears arguments on Trump’s power over independent agencies
New information:
- Identifies the fired commissioner as Rebecca Slaughter and notes she was first appointed by Trump in 2018, reappointed by President Biden, and fired by Trump in March.
- Quotes U.S. Solicitor General D. John Sauer warning Congress has erected a 'headless fourth branch' insulated from democratic control.
- Quotes Justice Sonia Sotomayor warning that siding with the administration could 'destroy the structure of government' by stripping Congress’s ability to create independent agencies.
- Reports the administration characterized the existing precedent protecting commissioners’ tenure as a 'decaying husk.'
- Explains the 1935 Humphrey’s Executor precedent and its relevance to FTC commissioners’ removal protections.
Supreme Court seems open to allowing Trump to fire some officials without cause
New information:
- Identifies Solicitor General D. John Sauer as arguing for the administration and quotes his call to overrule Humphrey's Executor ('decaying husk' remark).
- Details specific concerns from liberal justices: Justice Sotomayor warned the ruling could threaten independence of entities like the U.S. Tax Court and civil service protections.
- Notes Slaughter’s lawyers warned about potential implications for the Federal Reserve, while the Court has indicated it views the Fed differently.
- Includes Justice Kagan’s line of questioning on the broader consequences for civil service removal protections ('Logic has consequences...').
- Clarifies the administration’s Article II framing that the FTC wields executive power and thus commissioners should be removable at will.
Supreme Court seems ready to let Trump fire independent commissioners
New information:
- Conservative justices signaled reluctance to deny presidents removal power over agency commissioners; Justice Kavanaugh warned once power is taken from the president it is hard to reclaim.
- Chief Justice Roberts noted the FTC wields far more power today than in 1935, weakening Humphrey’s Executor’s force.
- Justice Barrett did not accept that commissioner protections trace to the Founding.
- Liberal justices Sotomayor and Kagan warned that overturning the precedent could upend government structure and have sweeping real-world consequences.
- U.S. Solicitor General D. John Sauer argued Humphrey’s Executor unconstitutionally limits presidential authority and described some agencies as 'headless' and 'junior varsity legislatures.'
- Decision expected by end of June; the Court will also hear a related dispute involving Trump’s attempted removal of Federal Reserve Governor Lisa Cook.
Who are the lawyers arguing the F.T.C. case?
New information:
- D. John Sauer, the U.S. Solicitor General, will argue first on behalf of the Trump administration.
- Amit Agarwal, special counsel with Protect Democracy, will argue on behalf of former FTC commissioner Rebecca Kelly Slaughter.
- Background details on Sauer’s prior clerkship with Justice Scalia and his role in Trump-related Supreme Court litigation are noted.
The Supreme Court case that could hand Trump unchecked power to fire agency heads
New information:
- Axios reports an email to FTC Commissioner Alvaro Bedoya stating his 'continued service on the FTC is inconsistent with my Administration's policies.'
- Rebecca Slaughter is quoted warning that overturning Humphrey’s Executor 'would profoundly destabilize institutions' central to governance.
- Justice Elena Kagan’s dissent is quoted criticizing the Court’s emergency docket use to permit actions barred by precedent and to shift authority from Congress to the president.
- Axios emphasizes that the conservative majority used the emergency docket to allow Trump to fire Slaughter while the Court considers the broader authority question.
SCOTUS takes up Trump’s bid to fire FTC commissioner at will — a showdown that could topple 90-year precedent
New information:
- Supreme Court specified two questions for argument: whether FTC removal protections violate separation of powers and whether Humphrey’s Executor should be overruled; and whether courts may prevent a person’s removal via equitable or legal relief.
- The cert grant reportedly split along ideological lines, with Justices Kagan, Sotomayor, and Jackson dissenting.
- Procedural history detail: a federal judge ordered Slaughter reinstated in July; the Supreme Court stayed that order in September pending review.
- Slaughter’s statutory argument under the FTC Act is highlighted, while Solicitor General D. John Sauer urges overruling Humphrey’s in filings.
Supreme Court to hear case that could vastly expand presidential powers
New information:
- Supreme Court’s September emergency order allowing Slaughter’s removal to stand pending the merits was a 6–3 ideological split.
- Slaughter’s term details: originally appointed in 2018, reappointed by President Biden to a term running through 2029; she was removed in March via an email from the White House Presidential Personnel Office.
- Quoted rationale from the removal notice: her 'continued service on the FTC is inconsistent with [the Trump] Administration’s priorities.'
- Article enumerates additional agencies where Democratic members were removed this year, including the EEOC, MSPB, and CPSC.
- Reiterates statutory 'for-cause' removal limits for FTC commissioners and details Congress’s bipartisan, independent design for the FTC since 1914.
LISTEN LIVE: Supreme Court hears Trump v. Slaughter in another test of presidential power
New information:
- Oral arguments are set for Monday at 10 a.m. EST with live audio access.
- The case explicitly invites the Court to overturn Humphrey’s Executor, the 1935 precedent limiting presidential removal of independent agency heads.
- AP recap notes the scope of recent removals (FTC, NLRB, MSPB, CPSC) and that only a few officials (Fed Governor Lisa Cook, copyright official Shira Perlmutter) have resisted removal efforts, underscoring the case’s stakes.
Supreme Court to hear major test of presidential power in case over FTC firing
New information:
- Identifies the case as Trump v. Slaughter and centers it on FTC Commissioner Rebecca Kelly Slaughter’s removal.
- Details procedural history: district court ruled the firing unlawful and ordered reinstatement; the D.C. Circuit issued temporary orders; Chief Justice Roberts allowed removal to proceed; SCOTUS granted review and kept Slaughter out pending a decision.
- Notes Trump also removed Democratic Commissioner Alvaro M. Bedoya, leaving the FTC with three Republican commissioners.
- Quotes Trump’s email to Slaughter that her 'continued service on the FTC is inconsistent with my Administration's priorities.'
- Reiterates the FTC’s for-cause removal standard enacted by Congress in 1914 as the legal backdrop for the dispute.
The Supreme Court weighs another step in favor of broad presidential power sought by Trump
New information:
- AP reports the only officials who have so far survived removal efforts are Fed Governor Lisa Cook and Library of Congress copyright official Shira Perlmutter.
- The Court has allowed Trump to remove officials at multiple independent agencies (including NLRB, MSPB, CPSC) despite Humphrey’s Executor still standing.
- Trump has said he wants Lisa Cook out over alleged mortgage-fraud claims; Cook denies wrongdoing, and the Court has signaled it may view the Federal Reserve differently from other agencies.
- Contextual quotes: Roberts’ 2020 opinion stating removal power is the rule, not the exception; his 2024 immunity decision describing removal as a 'conclusive and preclusive' presidential power; Justice Kagan’s September remark that conservatives seem 'raring' to take this action.