Overview
- The justices heard arguments Dec. 8 in Trump v. Slaughter, with the conservative majority casting doubt on Humphrey’s Executor as Chief Justice John Roberts labeled it a “dried husk.”
- The case stems from President Trump’s March removal of Democratic FTC commissioner Rebecca Slaughter despite a 1914 statute allowing ouster only for cause such as inefficiency or malfeasance.
- Lower courts ordered Slaughter reinstated, but the Supreme Court kept her out of office during the appeal and agreed to decide both the removal question and the scope of judicial remedies.
- Solicitor General D. John Sauer urged overruling Humphrey’s, calling independent agencies a “headless fourth branch,” as the three liberal justices warned of unchecked presidential power and disruption to agency independence.
- A decision could affect the FTC and other bodies with similar protections, with related disputes pending, including arguments set for Jan. 21 over Trump’s attempt to remove Federal Reserve Governor Lisa Cook.