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Supreme Court Case Could Reshape Independent Federal Agencies as Trump Seeks Power to Remove FTC Commissioner

For more than a century, independent federal agencies have overseen U.S. monetary policy, financial markets, transportation systems, elections, product safety, and broadcast licensing — all intentionally insulated from direct White House control. But a major Supreme Court case set for argument on Monday could upend that structure and fundamentally reshape the modern federal government.

The case centers on President Donald Trump’s attempt to remove Rebecca Slaughter, a Democrat appointed to a seven-year term on the Federal Trade Commission (FTC) in 2023. Trump argues that Slaughter’s service is “inconsistent with the administration’s priorities” and that he has constitutional authority to dismiss her at will.

Lower courts ruled the removal unlawful, pointing to federal statutes that allow an FTC commissioner to be fired only for “inefficiency, neglect of duty, or malfeasance.” Those protections were designed to shield the FTC from political pressure and ensure policy stability across administrations.

Trump’s lawyers contend that such constraints violate the Constitution’s separation of powers by preventing the president from controlling senior officials who set and enforce federal policy. A victory for Trump could give presidents sweeping new power to dismiss members of independent agencies — potentially stripping those institutions of the bipartisan continuity Congress intended.

“Congress designed these agencies, like the FTC, the Federal Reserve, the SEC — the whole panoply of independent agencies — to have bipartisan voices so that there could be accountability and transparency,”  according to Slaughter earlier this year.

Roughly two dozen major agencies, including the Federal Election Commission, Federal Communications Commission, and National Transportation Safety Board, rely on similar protections, with members appointed for fixed terms and removable only for cause. The case could call all those structures into question.

Trump has also attempted to fire members of the National Labor Relations Board, Merit Systems Protection Board, Consumer Financial Protection Bureau, and the Federal Reserve — all of whom have challenged their removals in court.

The Supreme Court’s ruling could have far-reaching implications for the balance of power between the presidency, Congress, and independent regulators that govern vast areas of American life.

 

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