Search

Cookies

We use cookies to improve your experience. By continuing, you accept our use of cookies.

Business

Supreme Court Boosts Presidential Power to Fire FTC Members, Overturns 91-Year Precedent

· · 3 min read

The US Supreme Court has expanded presidential authority, ruling that the President can dismiss Federal Trade Commission (FTC) members over policy disagreements. This decision overturns a 91-year-old precedent, significantly strengthening executive control over independent federal agencies.

The U.S. Supreme Court delivered a significant victory to President Donald Trump on Monday, ruling that the President holds the authority to remove members of the Federal Trade Commission (FTC) based on policy differences. This landmark 6-3 decision dramatically expands presidential power over independent federal agencies and formally overturns a 1935 precedent that had long protected many regulators from at-will dismissal.

Expanded Executive Control

The ruling marks a substantial shift in the balance of power between the White House and various independent government bodies. It reinforces the President's command over much of the executive branch, aligning with the "unitary executive" theory, which posits broad presidential control, including the power to remove officials despite congressional protections. The court's conservative majority backed President Trump, while the three liberal justices dissented along ideological lines.

The Case and Its Precedent

Central to the case was the 2025 dismissal of Rebecca Slaughter, a Democratic FTC commissioner appointed by former President Joe Biden. President Trump removed Slaughter over policy disagreements, despite an existing federal law that permitted the removal of FTC commissioners only for specific reasons such as inefficiency, neglect of duty, or misconduct. The Supreme Court found these protections to be in violation of the U.S. Constitution, arguing they unconstitutionally limited the President's executive authority.

Chief Justice John Roberts, writing for the majority, stated that the FTC's for-cause removal provision violated the separation of powers. He emphasized that the FTC's extensive role in enforcing and administering approximately 80 statutes across the nation's economy represents "the very essence of execution of the law"—a function precisely aligned with the President's constitutional role.

This decision explicitly overturns Humphrey's Executor v. United States, a pivotal 1935 Supreme Court ruling that had previously affirmed Congress's right to shield leaders of certain independent agencies from dismissal for political or policy-related reasons.

President Trump Hails "Big Win"

President Trump swiftly lauded the ruling, describing it as one of the most important decisions on presidential authority in decades. On social media, he declared the judgment a "BIG WIN," asserting that it confirmed "Presidential Power in our Country to remove Executive Branch Officers and Agency Appointees, or Representatives, under Article II." He also noted that this expansion of power had been sought by U.S. Presidents since the 1930s.

It is important to note that the court clarified its decision should not be interpreted as weakening the independence of the U.S. Federal Reserve, distinguishing it from other independent agencies.

Related