The Future of Independent Agencies Like FTC at Risk Before Supreme Court

WASHINGTON, Dec. 8, 2025 — The Supreme Court heard oral arguments Monday in a case that could reshape how presidents control independent agencies, with several justices signaling openness to allowing the at-will removal of commissioners.

In taking Trump v. Slaughter, the court is examined whether the President can remove officials at independent agencies without cause. The dispute focused on the Federal Trade Commission, which enforces consumer protection and antitrust laws. 

The Trump administration has asked the high court to revisit Humphrey’s Executor (1935), the ruling that upheld for-cause limits on removing FTC commissioners.

The administration’s case for presidential power

Solicitor General John Sauer centered his argument on the unitary executive theory, a conservative legal doctrine that burgeoned to prominence in the 1980s. The theory insists that the President must have comprehensive control over all executive branch officials to fulfill Constitutional duties.