Supreme Court permits temporary dismissal of FTC official

 September 8, 2025, NEWS

President Donald Trump just got the green light from the Supreme Court to show FTC Commissioner Rebecca Kelly Slaughter the door, at least for now. This isn’t just a personnel spat; it’s a heavyweight bout over how much power a president should wield over independent agencies. And trust me, this fight has more twists than a pretzel factory.

Fox News reported that on Monday, September 8, 2025, the Supreme Court issued an order allowing Trump to dismiss Slaughter without cause, a move that’s kept her out of the office for at least a week while the justices mull over her case.

Let’s rewind a bit to see how we got here. Slaughter’s employment status has been a judicial ping-pong match—reinstated by a district court, fired again, rehired on September 2 by an appellate court, and now booted once more on September 8. It’s enough to give anyone whiplash, but it underscores the stakes of this legal showdown.

Presidential Power vs. Agency Independence Clash

This all started with Trump’s decision to fire Slaughter and another Democrat-appointed commissioner, Alvaro Bedoya, in a move that thumbs its nose at the FTC Act. That law says commissioners can only be removed for cause—like misconduct—during their seven-year terms. Apparently, the administration didn’t get the memo.

The Supreme Court’s temporary nod to Trump came via an emergency petition from his team, with Chief Justice John Roberts penning a brief order to keep Slaughter sidelined for now. This isn’t just about one commissioner; it’s a direct challenge to a 90-year-old precedent from Humphrey’s Executor v. United States, which slapped down President Franklin D. Roosevelt for a similar firing.

Back on September 2, when the appellate court let Slaughter return, she didn’t waste a second, jumping back into her role and firing off dissents on social media. Good for her for standing her ground, even if her policy views might lean too far into progressive territory for some of us. But let’s be real—her return was short-lived, thanks to the latest Supreme Court order.

Challenging a Decades-Old Legal Precedent

Slaughter herself isn’t backing down, declaring, “I intend to see this case through to the end.” That’s a bold stance, but in a conservative-leaning court, she might be climbing a steep hill. Her fight isn’t just personal; it’s about whether the executive branch can override protections meant to keep agencies bipartisan.

In another comment, Slaughter said, “In the week I was back at the FTC, it became even clearer to me that we desperately need the transparency and accountability Congress intended.” Nice sentiment, but let’s not kid ourselves—too often, ‘transparency’ becomes a buzzword for pushing a partisan agenda under the guise of fairness. If Congress wanted accountability, maybe they should’ve written a clearer law.

The core issue here is whether the Supreme Court will rethink or even toss out Humphrey’s Executor. Legal scholars are buzzing that this conservative court might just limit or reverse that old ruling, giving presidents more muscle over agencies like the FTC. And honestly, in an era of sprawling bureaucratic overreach, that’s not the worst idea.

FTC’s Expanding Power Under Scrutiny

Solicitor General John Sauer is making the case that the FTC isn’t the quaint little outfit it was in the 1930s. He argues the agency now enforces a slew of laws, like the Sherman Act, and can slap companies with lawsuits and penalties. That’s a lot of executive clout for an ‘independent’ body, and maybe it’s time to rethink those tenure protections.

Sauer put it sharply: “Contrary to the lower courts’ suggestion, Humphrey’s Executor does not mean that Article II permits tenure protections for any agency named the ‘Federal Trade Commission.’” He’s got a point—why should an agency’s name shield it from accountability to the elected president? This isn’t about personal vendettas; it’s about constitutional balance.

The Supreme Court isn’t just looking at the FTC here; they’ve also allowed Trump’s firings at other independent agencies to stand while lower courts hash out lawsuits. This signals a broader push to redefine presidential authority, and it’s about time we had a serious conversation about who really calls the shots in Washington.

A Conservative Court’s Potential Shift

For conservatives, this case is a golden opportunity to rein in unelected bureaucrats who often seem more loyal to a progressive playbook than to the Constitution. The FTC’s expanded role, as Sauer noted, shows how much power these agencies have amassed without direct oversight from the Oval Office. If the court narrows Humphrey’s Executor, it could restore some much-needed checks on administrative overreach.

Yet, there’s a flip side worth considering—independent agencies were designed to avoid becoming political footballs. While Slaughter’s tenure has been a rollercoaster, her determination to fight for her seat shows she believes in that principle, even if her policy priorities might not align with a conservative vision. Still, principle or not, unchecked agency power is a problem that needs fixing.

As the Supreme Court weighs Slaughter’s fate over the next week, the nation watches a battle that could reshape the balance between executive authority and agency independence. This isn’t just a dry legal spat; it’s about whether the president—elected by the people—can steer the ship, or if insulated commissioners get to chart their own course. For those of us who value accountability over bureaucratic entrenchment, the answer seems clear, but the justices will have the final say.

About Craig Barlow

Craig is a conservative observer of American political life. Their writing covers elections, governance, cultural conflict, and foreign affairs. The focus is on how decisions made in Washington and beyond shape the country in real terms.
Copyright © 2026 - CapitalismInstitute.org
A Project of Connell Media.
magnifier