Overview
- The case tests President Trump's authority to remove FTC commissioner Rebecca Slaughter despite statutory for-cause protections for members of independent commissions.
- Slaughter argues her removal violated the FTC Act’s “inefficiency, neglect of duty, or malfeasance” standard, while the government contends those limits conflict with Article II.
- During argument, multiple justices questioned the continued force of Humphrey’s Executor and challenged a proposed civil–criminal line for removal authority, with Justice Gorsuch stressing the severity of civil penalties.
- A statutory off-ramp surfaced as justices discussed Shurtleff and historical understandings suggesting the Act’s listed grounds might not be exclusive.
- The Court previously allowed Slaughter’s removal to remain in effect during the litigation, and a decision with consequences for several multimember agencies is expected later this term.