politics
Supreme Court Upholds Removal of FTC Commissioner, Overturns 1935 Precedent
The U.S. Supreme Court ruled 6-3 that statutory tenure protections for Federal Trade Commission commissioners are invalid. The decision reverses a 1935 ruling and expands presidential authority over independent agencies while leaving Federal Reserve protections intact.
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The U.S. Supreme Court on Monday upheld the removal of a Federal Trade Commission commissioner, striking down statutory tenure protections that had shielded leaders of certain independent agencies from dismissal without cause. In a 6-3 decision, the justices overturned the 1935 Humphrey's Executor v.
United States precedent that had allowed Congress to limit removal of commissioners except for inefficiency, neglect of duty or misconduct. The ruling concluded that the FTC now exercises substantial executive authority and therefore falls under constitutional supervision by the president.
Dispute The commissioner, appointed by former President Joe Biden, had argued that federal law permitted removal only for cause. The term was scheduled to continue until 2029. The commissioner was dismissed in March 2025 over policy differences. Lower courts had previously reinstated the commissioner before the Supreme Court reversed those decisions.
On the same day, the court refused to allow removal of a Federal Reserve governor, citing the central bank's unique historical tradition and its role in monetary policy. The distinction leaves Federal Reserve independence protected while expanding authority over other regulatory bodies.
“BIG WIN just moments ago at the Supreme Court, in the Slaughter Case, confirming Presidential Power... to remove Executive Branch Officers and Agency Appointees.”
