“You’re…fired?” A momentous Supreme Court case

What It Covers

The Supreme Court hears Trump versus Slaughter, challenging presidential removal protections for independent agency heads. A ruling favoring Trump could transfer unprecedented power from Congress to the president, affecting dozens of regulatory agencies.

Key Questions Answered

• •Presidential removal power expansion: Trump fired FTC Commissioner Rebecca Kelly Slaughter without citing inefficiency, neglect, or malfeasance as required by law. Lower courts blocked the dismissal, but Supreme Court conservatives signal readiness to eliminate removal protections for multi-member independent agencies.
• •Scope of affected agencies: A ruling overturning Humphrey's executor precedent would immediately impact approximately two dozen independent multi-member agencies regulating nuclear power, transportation, consumer protection, and labor. The Federal Reserve's independence faces particular uncertainty despite conservative justices' apparent interest in protecting it.
• •Congressional power diminution: Independent agencies established by Congress to ensure expert, nonpartisan oversight of food safety, market fairness, and financial regulation would become subject to presidential control. This represents a significant reduction in Congress's constitutional authority to structure government operations and maintain checks on executive power.
• •Immediate political stakes: Rebecca Kelly Slaughter noted the FTC actively litigates against companies run by billionaire CEOs who stood beside Trump at his inauguration. Presidential control over independent agencies raises concerns about whether regulatory decisions will serve public interest or presidential allies and donors.