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Supreme Court Weighs Trump’s Firing of FTC Commissioner as Justices Question Civil–Criminal Divide

Oral argument highlighted doubts about insulating civil regulatory enforcement from presidential authority.

Overview

  • The Court heard Trump v. Slaughter, which tests whether the FTC Act’s for-cause limits on removing commissioners are compatible with Article II.
  • Rebecca Slaughter argues her ouster violated the statute, while the president counters that such removal protections are unconstitutional.
  • Several justices, notably Neil Gorsuch, challenged a theory that would shield civil regulators from presidential control even as criminal prosecutors remain answerable to the president.
  • The dispute puts the 1935 Humphrey’s Executor precedent under direct scrutiny, with briefing asking whether it should be limited or overruled.
  • Right-leaning commentary portrays the case as a broader challenge to independent agencies and as a move to reassert presidential control over civil enforcement power.