Supreme Court Considers Overturning 90-Year-Old FTC Commissioner Removal Protections in Trump Case
The Supreme Court's conservative majority indicated it may allow President Trump to fire Federal Trade Commission member Rebecca Slaughter without cause, a move that could overturn the nearly 90-year-old precedent set by Humphrey's Executor (1935). The case, Trump v. Slaughter, centers on Slaughter's removal earlier this year and her legal challenge invoking protections established by Humphrey's Executor.
During about three hours of oral arguments, justices debated whether to overturn or narrow the scope of Humphrey's protections. Chief Justice Roberts questioned the implications of changes to the modern FTC's powers. The U.S. Solicitor General, D. John Sauer, urged the Court to overturn Humphrey's, describing it as an "indefensible outlier" and a "decaying husk" that has not withstood the test of time.
Liberal justices Sonia Sotomayor and Elena Kagan cautioned that overturning Humphrey's could disrupt the government's structural balance and infringe on the separation of powers. Analysts note that a ruling could have far-reaching effects on similar multi-member agencies such as the National Labor Relations Board and the Securities and Exchange Commission. A decision is expected by the end of June.
