Chief Justice John Roberts on Monday cleared the way for President Donald Trump to remove a member of the Federal Trade Commission, the latest in a series of high-profile dismissals the Supreme Court has allowed to stand—at least for now.
Trump first sought to oust Democratic commissioner Rebecca Slaughter in the spring. She sued, and lower courts ordered her reinstated, citing laws that restrict removal of FTC commissioners to cases involving misconduct or neglect of duty.
In a brief order issued on the Court’s emergency docket, Roberts paused those rulings in response to an appeal from the Trump administration. He directed Slaughter’s attorneys to file their response to the government’s arguments by September 15, meaning the dispute over her firing isn’t over.
Associated Press
Supreme Court FTC Order: What We Know
The Justice Department has maintained that the FTC and similar agencies fall squarely under presidential authority, allowing Trump to remove commissioners without cause. Slaughter, however, argues that her position is protected by law and by decades of legal precedent.
Monday’s order builds on a pattern of rulings that have permitted Trump to dismiss members of other independent boards and commissions. The Court has hinted, however, that the president’s removal powers may not extend fully to the Federal Reserve, a question likely to surface soon with the pending case of Fed Governor Lisa Cook.
The broader battle centers on the Court’s conservative majority moving away from a 90-year-old precedent. In Humphrey’s Executor (1935), the Court unanimously held that presidents cannot remove independent agency members without cause, a landmark ruling that underpinned the rise of the modern administrative state. Independent agencies such as the FTC, the National Labor Relations Board, and the Federal Communications Commission were designed to be shielded from direct political pressure while enforcing federal regulations.
Conservative legal scholars have long criticized that structure, arguing the Constitution requires such agencies to remain accountable to the president.
How many FTC Commissioners are there?
The Federal Trade Commission, created in 1914, is led by a five-member board of commissioners. By law, no more than three commissioners can belong to the same political party, ensuring bipartisan representation. Commissioners are appointed by the president and confirmed by the Senate, each serving staggered seven-year terms to provide continuity and independence from election cycles.
Can a president fire FTC Commissioners?
Traditionally, presidents have been limited in their ability to remove FTC commissioners. A 1935 Supreme Court precedent, Humphrey’s Executor, held that commissioners could only be dismissed for cause, such as misconduct or neglect of duty. That safeguard was meant to preserve the agency’s independence. However, recent rulings and emergency orders from the current Supreme Court suggest those protections may be eroding, opening the door for broader presidential authority to remove commissioners without cause.
Who is Rebecca Slaughter?
Rebecca Slaughter is a Democratic member of the Federal Trade Commission who was first appointed in 2018. A lawyer with experience in antitrust and consumer protection policy, she previously served as chief counsel to Sen. Chuck Schumer. Slaughter has been an advocate for tougher enforcement against corporate monopolies and consumer fraud.
Update: 9/8/25, 12:48 p.m. ET: This article was updated with new information.
Update: 9/8/25, 2:22 p.m. ET: This article was updated with new information.
This article includes reporting by the Associated Press.
