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Supreme Court Upholds Trump’s Removal of FTC Commissioner Rebecca Slaughter

The Supreme Court ruled that the FTC Act’s for-cause removal protection violates separation of powers, reversing the lower court decision in Rebecca Slaughter’s case.
From TheFinanceBase Team3 min to read
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The Supreme Court ruled on June 29, 2026, that the Federal Trade Commission’s statutory protection against removal without cause violates the separation of powers. In Trump v. Slaughter, the Court reversed the lower court’s ruling that had protected Democratic commissioner Rebecca Slaughter from removal and remanded the case. The decision overruled Humphrey’s Executor in the context of FTC commissioners, but it did not decide the status of every federal agency’s removal protections.

What the Supreme Court decided

The Court held that the FTC Act’s for-cause removal provision for commissioners is contrary to the separation of powers. The Court’s syllabus states: “The FTC’s for-cause removal provision is contrary to the separation of powers enshrined in the Constitution.” The syllabus summarizes the ruling for convenience and is not part of the Court’s opinion. Read the Supreme Court opinion in Trump v. Slaughter.

The 6–3 decision was written by Chief Justice John Roberts. Justice Neil Gorsuch concurred; Justice Sonia Sotomayor dissented, joined by Justices Elena Kagan and Ketanji Brown Jackson. The majority reasoned that Article II vests executive power in the President and that officers exercising that power must remain subject to presidential removal for accountability.

Why Trump removed Slaughter and Bedoya

In March 2025, President Donald Trump removed Democratic FTC commissioners Rebecca Slaughter and Alvaro Bedoya. The FTC Act provides for seven-year commissioner terms and allows removal for “inefficiency, neglect of duty, or malfeasance in office.” Trump did not cite one of those statutory causes. He said their continued service conflicted with administration priorities and invoked his authority under Article II.

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Slaughter sued, seeking restoration to office. A district court ruled in her favor and enjoined interference with her ability to perform her duties. Bedoya later resigned, and his claims were dismissed as moot, leaving Slaughter’s claims before the Supreme Court.

What overruling Humphrey’s Executor means for the FTC

The Court’s ruling removes the FTC commissioners’ statutory for-cause protection: under Trump v. Slaughter, that provision cannot prevent the President from removing an FTC commissioner. The holding overrules Humphrey’s Executor as it applies to FTC commissioner removal protections; it should not be read as deciding every tenure protection Congress has enacted for federal officials.

Does the ruling settle removal protections at other agencies?

No. The Court decided the question concerning FTC commissioners. The Congressional Research Service says similar protections at commission-style agencies are now on precarious legal footing, but the decision’s long-term effects are difficult to predict. It does not itself determine how courts will treat every other agency’s statute or officer.

How the Federal Reserve case differs

On the same day, the Court decided Trump v. Cook, which upheld for-cause removal protections for Federal Reserve Board governors. That ruling concerned a different agency and different officers. The Court’s decision in Slaughter addressed FTC commissioners, not the Federal Reserve question.

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Case timeline

  • March 2025: Trump removed Slaughter and Bedoya without identifying one of the causes listed in the FTC Act.
  • Before the Supreme Court argument: The district court ruled for Slaughter and barred interference with her ability to serve; the Supreme Court stayed that order and granted review before judgment.
  • December 8, 2025: The Supreme Court heard oral argument.
  • June 29, 2026: The Court reversed and remanded in Trump v. Slaughter.

The case docket lists the questions presented as the constitutionality of the FTC commissioners’ removal protections and whether a court may prevent an officer’s removal. View the Supreme Court docket for No. 25-332. For an overview of the ruling’s potential implications beyond the FTC, see the Congressional Research Service report, Trump v. Slaughter and the Future of For-Cause Removal Protections, published July 2, 2026: Read the CRS report.

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