The US Supreme Court has issued an administrative stay, temporarily halting a lower court’s decision that had reinstated Democratic FTC commissioner Rebecca Slaughter. This action gives the justices more time to review President Donald Trump’s request to fire Slaughter before her term expires. The stay was issued by Chief Justice John Roberts, who handles emergency filings in Washington, D.C. He has asked Slaughter to file a response by next Monday.
Background of the Case
The dispute centers on the President’s power to remove officials from independent regulatory agencies. In March, Trump sought to fire two Democratic commissioners from the Federal Trade Commission (FTC), including Rebecca Slaughter, who had been reinstated by a federal judge in July. The lower courts ruled that Trump’s attempt to remove her was unlawful, citing the 1935 Supreme Court case, Humphrey’s Executor v. United States, which established that presidents cannot remove officials from such agencies without cause.
The Trump administration, in its recent Supreme Court filing, argues that “the modern FTC exercises far more substantial powers than the 1935 FTC,” and thus its members can be fired at will by the president.
Political Implications
This legal battle has significant political implications for the FTC. With three Republicans now at the helm, the agency has pursued a conservative agenda under Chairman Andrew Ferguson. This includes holding a workshop on the dangers of gender-affirming medical care for transgender youth, investigating whether employers coordinated diversity, equity, and inclusion goals, and telling Google that filtering Republican fundraising emails as spam could be unlawful.
