Supreme Court Voids FTC Removal Shield, Expanding Presidential Control Over 1 Key Agency
Updated
Updated · The Atlantic · Jul 5
Supreme Court Voids FTC Removal Shield, Expanding Presidential Control Over 1 Key Agency
3 articles · Updated · The Atlantic · Jul 5
Summary
Monday’s Trump v. Slaughter ruling let presidents remove FTC commissioners despite statutory job protections, ending the agency independence long recognized in federal law.
Rebecca Slaughter sued after Donald Trump fired her from the FTC, but the court held that limits on removing executive officers violate the Constitution’s separation of powers.
The decision undercuts the 1935 Humphrey’s Executor precedent that had protected commissioners from at-will dismissal and helped sustain the modern independent-agency model.
Its broader effect could reach well beyond the FTC, strengthening White House control over regulators while inviting fresh legal attacks on agencies’ rulemaking and in-house adjudication.
Does the President's new power to fire agency heads extend to all federal workers?
What makes the Federal Reserve different from all other independent government agencies?
Landmark 2026 Supreme Court Decision Reshapes U.S. Regulatory State: Presidential Removal Power Up, Fed Remains Independent
Overview
On June 29, 2026, the U.S. Supreme Court issued its decision in Trump v. Slaughter, allowing the President to fire Federal Trade Commissioner Rebecca Slaughter and finding that for-cause removal protections for FTC members violate the separation of powers and the unity of the executive branch. This ruling overturned the 1935 precedent set by Humphrey’s Executor v. United States, which had allowed Congress to create independent agencies shielded from presidential influence. The decision marks a major shift in presidential power over independent agencies, raising concerns about increased politicization and the future of agency independence.