Particle.news
Download on the App Store

Supreme Court Appears Poised to Broaden Presidential Removal Power After FTC Firing Case

The dispute tests the 1935 Humphrey’s Executor precedent that insulated commissioners of independent agencies from at‑will dismissal.

Overview

  • After Monday’s arguments, the conservative-leaning Court signaled openness to validating President Trump’s dismissal of FTC commissioner Rebecca Slaughter.
  • Lower courts had deemed the firing unlawful under statutes permitting removal only for inefficiency, neglect of duty, or malfeasance.
  • The Justice Department has told Congress it views for‑cause protections for multi‑member commissions as unconstitutional and will ask the Court to overturn the 1935 ruling.
  • The justices are also weighing whether judges can order reinstatement of officials found to have been unlawfully removed.
  • A decision narrowing or overruling Humphrey’s Executor could let presidents reshape agencies such as the FTC, NLRB, and SEC; the Court’s recent 2025 orders favoring broader removal at the NLRB and MSPB underscore the shift, with a ruling expected by June.