D. John Sauer

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

The case centered on whether President Trump could fire Democratic Federal Trade Commissioner Rebecca Slaughter at will.

Akul Saxena

Dec 8, 2025 — 4 min read

Photo of 1942 statue by Michael Lantz in front of the Federal Trade Commission

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

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D. John Sauer FTC Independent Agencies Supreme Court FTC Act Fourth Branch FCC Rebecca Kelly Slaughter Ketanji Brown Jackson Amy Coney Barrett Elena Kagan Sonia Sotomayor John Roberts Samuel Alito Clarence Thomas Neil Gorsuch Brett Kavanaugh Amit Agarwal Alvaro Bedoya CFTC NLRB Department of Defense OSHA Seila Law Nuclear Regulatory Commission Consumer Product Safety Commission Trump Vance Administration Democracy Donald Trump