U.S. Supreme Court Examines Presidential Power Over Federal Agency Officials
The U.S. Supreme Court is currently reviewing a case concerning the extent of a president's authority to remove officials from independent federal agencies. This case, Trump v. Slaughter, specifically addresses the removal of a Federal Trade Commission (FTC) member.
Background of the Case
In March, former President Donald Trump's administration removed Rebecca Kelly Slaughter, a Democratic-appointed member of the Federal Trade Commission, along with another commissioner. The stated reason for their removal was "inconsistent with [the] Administration's priorities."
Ms. Slaughter subsequently initiated a lawsuit, contending that her removal violated a federal statute. This law stipulates that an FTC commissioner can only be dismissed for specific reasons, including "inefficiency, neglect of duty, or malfeasance in office."
Legal Proceedings and Supreme Court Involvement
A lower court initially ruled that Ms. Slaughter's removal from the FTC was unlawful. The Trump administration then appealed this decision to the Supreme Court. In September, the Supreme Court, through a 6-3 emergency order, permitted the removal to stand temporarily until a full hearing on the case could occur.
Arguments presented on behalf of Mr. Trump assert that a president should possess comprehensive control over government agencies, including those established by Congress to operate with a degree of independence from presidential interference.
Congressional Mandate and Historical Precedent
The Federal Trade Commission was established in 1914 with the mandate to safeguard the public from deceptive business practices and unfair competition. When creating the FTC, Congress enacted legislation limiting the president's ability to remove commissioners, requiring "for cause" grounds for dismissal. The law also restricts the five-member commission to a maximum of three members from the same political party.
This principle of agency independence was previously tested in 1935 when President Franklin Roosevelt attempted to remove an FTC member. In the landmark Humphrey's Executor ruling, the Supreme Court upheld the independence of certain federal agencies, including the FTC. The Court determined that while a president may remove executive officers without cause, this power does not extend to agencies characterized as "neither political nor executive, but predominantly quasi-judicial and quasi-legislative." Similar removal provisions apply to other independent bodies, such as the National Labor Relations Board.
Broader Implications
Ms. Slaughter was initially appointed by Mr. Trump in 2018 to a Democratic position on the FTC and was later reappointed by President Joe Biden. The Supreme Court is also scheduled to consider a separate case involving the presidential power to remove Lisa Cook, a member of the Federal Reserve Board of Governors, indicating a broader review of executive authority over independent agencies.