Supreme Court Strikes Down Removal Protections for Federal Trade Commission Members

The Supreme Court on Monday ruled that statutory protections limiting presidential removal of Federal Trade Commission members are unconstitutional. The 6-3 decision overturned the 1935 Humphrey's Executor v. United States precedent that had allowed Congress to restrict at-will removal for certain multi-member agencies. Chief Justice John Roberts wrote for the majority.

Background of the Case The ruling came in Trump v. Slaughter.

A federal district court had ordered her reinstatement. The U.S. appeals court in Washington, D.C., agreed she could remain in the post until the Supreme Court allowed her removal last September while it reviewed the underlying legal question.

Roberts wrote that limits on the president's ability to remove subordinates who exercise executive power infringe on constitutional authority. "Although it is up to the Senate to decide whether to confirm those with whom the President would prefer to work, neither Congress nor the courts may saddle him with those with whom he cannot work," he stated.

Justice Sonia Sotomayor read a summary of her dissent from the bench. Joined by Justices Elena Kagan and Ketanji Brown Jackson, she warned that dozens of independent commissions could now become purely executive agencies. The decision affects more than two dozen multi-member agencies whose members previously could be removed only for inefficiency, neglect of duty, or malfeasance in office.