Overview
- Trump dismissed Democratic FTC commissioner Rebecca Kelly Slaughter in March without citing statutory cause; lower courts ordered her reinstated, but the Supreme Court kept her out of office during its review.
- At oral argument, Solicitor General D. John Sauer urged the justices to overrule Humphrey’s Executor and adopt a unitary‑executive view that permits presidents to remove independent‑agency commissioners at will.
- Several conservative justices questioned the durability of Humphrey’s Executor, with Chief Justice John Roberts calling the precedent a “dried husk” and Justice Brett Kavanaugh emphasizing the modern FTC’s expanded power.
- The case also asks whether courts may order reinstatement of unlawfully removed officials or must confine remedies to measures such as back pay.
- A decision is expected by the end of June, and the Court is set to hear a related removal dispute involving Federal Reserve Governor Lisa Cook in January.