Overview
- At Dec. 8 oral arguments in Trump v. Slaughter, the solicitor general urged the Court to permit removal of FTC Commissioner Rebecca Slaughter without cause and to discard Humphrey’s Executor.
- Lower courts ordered Slaughter reinstated, but Chief Justice John Roberts stayed those rulings, so her firing remains in effect while the case is pending.
- Several justices questioned how a broader removal power would affect other bodies, with Brett Kavanaugh flagging concerns about the Federal Reserve and liberal justices warning of structural risks.
- Related disputes over removals have advanced at agencies including the NLRB, MSPB, and CPSC, reflecting the case’s immediate practical stakes across the administrative state.
- The FTC is currently operating with only two members after Melissa Holyoak’s resignation, leaving Chair Andrew Ferguson and Mark Meador, both Republicans, as the remaining commissioners.