Trump admin asks Supreme Court to allow firing of FTC member without cause

The Trump administration has made a request to the Supreme Court to grant the president the authority to dismiss a member of the Federal Trade Commission. This request comes after lower courts ruled that the president does not have the power to remove members of independent agencies without a valid cause.

Earlier this year, President Donald Trump attempted to terminate Rebecca Slaughter from her position, but the courts decided that she could continue in her role as the law only permits commissioners to be removed for reasons such as misconduct or neglect of duty.

An appeals court recently stated that Trump’s dismissal of Slaughter was illegal and contradicted Supreme Court precedent.

APPEALS COURT BLOCKS TRUMP FROM FIRING FTC COMMISSIONER IN CASE TESTING PRESIDENT’S REMOVAL POWERS

The Justice Department argues that the FTC and other executive branch agencies fall under the president’s authority, granting him the ability to remove commissioners without cause.

This legal battle over the president’s removal power could prompt the Supreme Court to revisit a 1935 decision known as Humphrey’s Executor, where it was determined that presidents cannot dismiss independent board members without valid reasons.

President Donald Trump tried to fire FTC member Rebecca Slaughter, but lower courts ruled she could retain her position. (Shuran Huang for The Washington Post via Getty Images)

The case also revolves around the FTC, with lower-court judges highlighting the ongoing legal battle involving Slaughter, who has been hired and fired multiple times this year as the case progressed.

The FTC, established by Congress, is responsible for enforcing consumer protection regulations and antitrust laws. The agency’s composition typically comprises three members from the president’s party and two from the opposing party.

Slaughter was initially appointed by Trump in 2018 and later reappointed by former President Joe Biden. She currently serves as the only remaining Democrat on the FTC.

FTC FIRINGS TAKE SPOTLIGHT IN TRUMP’S FIGHT TO ERASE INDEPENDENCE OF AGENCIES

The legal battle over the president’s removal power may lead the Supreme Court to reconsider a 1935 decision. (Nicolas Economou/NurPhoto via Getty)

The Supreme Court has already permitted the dismissal of several other board members from independent agencies.

The justices have also hinted at limitations on Trump’s removal powers at the Federal Reserve, which could be tested in the case of Lisa Cook, a member of the Federal Reserve Board of Governors.

The Associated Press contributed to this report.