Chief Justice John Roberts issued a temporary stay allowing President Trump to remove Democratic Federal Trade Commission (FTC) Commissioner Rebecca Slaughter. Roberts blocked a lower court ruling that had briefly put the Democrat commissioner back in power after Trump removed her in March.
The Supreme Court’s action comes as it considers a broader appeal on presidential authority over independent agency commissioners.
The lower court had called Trump’s removal “unlawful” and “without legal effect,” briefly restoring Slaughter to the FTC. The Trump administration countered that keeping her in place undermined executive authority by restricting the president’s control of agency leadership.
Slaughter was first appointed to the FTC by Trump in 2018 and later reappointed by Biden. She learned of her dismissal through an email in March. Her challenge is based on the Federal Trade Commission Act, which allows removal only for specific causes rather than at a president’s discretion.
“I care a lot about my agency, a lot of my job, but much more about the principle that protects independence, accountability, transparency, and checks and balances in government, which I think we need now more than ever,” Slaughter said.
The case raises questions about decades of precedent that restrict presidential power over independent agencies. The 1935 case Humphrey’s Executor v. United States currently limits at-will removals of commissioners, though several current justices have signaled interest in revisiting it.
If the Court sides with the administration, agency heads would be less insulated from presidential directives. That outcome could reshape how independent regulatory bodies operate.
The full Court may now review the administration’s appeal, setting up a major decision on executive power over federal agencies. For now, the Democrat commissioner remains sidelined — but the Court’s final ruling could redefine presidential control over independent agencies.