The U.S. Supreme Court on Monday gave President Donald Trump an important win in his effort to hold unelected regulators accountable, temporarily blocking a lower court order that had reinstated Democratic commissioner Rebecca Slaughter to the Federal Trade Commission (FTC).
Chief Justice John Roberts issued an administrative stay, granting the justices more time to consider the administration’s formal request to remove Slaughter before her term expires. Roberts also directed Slaughter to file a response by next week.
Lower Courts Tried to Shield FTC Bureaucrat
The dispute stems from a July ruling by a D.C. district judge who said Trump could not remove Slaughter, citing outdated removal protections. The D.C. Circuit Court of Appeals upheld that ruling in September in a 2-1 decision, relying on the 1935 Humphrey’s Executor v. United States precedent. That case limited President Franklin Roosevelt’s ability to fire an FTC commissioner purely over policy disagreements.
Supporters of Trump’s position argue that this nearly 90-year-old ruling no longer reflects the modern FTC, which today wields sweeping power over antitrust enforcement and consumer protection—authority that directly impacts the American economy.
White House Argues for Executive Authority
In its Supreme Court filing, the administration emphasized that “the modern FTC exercises far more substantial powers than the 1935 FTC,” and therefore its members should be subject to presidential removal, just like other executive branch officials.
The Supreme Court has already recognized in recent cases that presidents must have the authority to fire those who exercise executive power on their behalf. Trump’s legal team says this case is no different.
A Pattern of Wins at the High Court
Since Trump’s return to the White House in January, his administration has repeatedly pushed back against lower courts that tried to block his policies. The Supreme Court, with its 6-3 conservative majority, has largely sided with the administration, reaffirming the president’s constitutional authority to carry out his agenda without interference from unelected bureaucrats or activist judges.
Victory