Supreme Court to Decide Presidential Power Over independent Agencies: The FTC Case
The Justice Department is now seeking a Supreme Court ruling that would grant President Donald Trump the authority to remove a sitting commissioner from the Federal Trade Commission (FTC) without cause. This action directly challenges a nearly century-old legal precedent designed to shield independent agencies from undue political influence.The case stems from TrumpS attempt in March to remove Democratic FTC Commissioners Rebecca Kelly Slaughter and Alvaro Bedoya. while Bedoya later withdrew from the legal challenge,Slaughter contested the move,setting the stage for this high-stakes legal battle.
The Core of the Dispute
At the heart of the matter is the question of presidential control versus agency independence. Solicitor General John D. Sauer argued in a recent court filing that the FTC’s expanded powers since its creation justify greater presidential oversight. He contends that the President, under Article II of the Constitution, should have the power to ensure those wielding significant executive authority align with his administration’s policies.
Sauer emphasized this point, stating the lower courts have repeatedly intervened to reinstate officials the President has deemed unfit to exercise executive power. He further requested the Supreme Court expedite the case, bypassing further review by lower courts.
Historical context: The 1914 Law
Currently, the removal of FTC commissioners is restricted by a 1914 law establishing the agency. This law stipulates that commissioners can only be removed for ”inefficiency, neglect of duty, or malfeasance in office.” This provision was intentionally designed to insulate the FTC – and other similar agencies - from partisan politics, allowing them to operate with a degree of independence.
This isn’t an isolated incident. Trump has previously sought to remove members from other independent federal agencies, with varying degrees of success. The Supreme Court’s decision in this case could have far-reaching implications for the future of agency independence.
What This means for You
If the Supreme Court sides with the Justice Department, it could significantly alter the landscape of independent agency oversight. Here’s what you need to know:
Increased Political Influence: Agencies like the FTC,responsible for protecting consumers and promoting competition,could become more susceptible to political pressure.
Policy Shifts: A president could more easily install commissioners aligned with their policy goals, potentially leading to rapid shifts in regulatory enforcement.
* Erosion of Independence: The core principle of insulating these agencies from partisan interference would be weakened.
Currently, Rebecca Kelly Slaughter remains an active commissioner on the FTC website. The Supreme Court’s decision will determine whether that continues to be the case and, more broadly, will define the balance of power between the executive branch and independent agencies for years to come.
Slaughter was initially appointed to the commission in 2018 and re-appointed by President Joe Biden in 2024. Bedoya was originally nominated by Trump in the same year.