Supreme Court Seems Likely To Give Trump Power To Remove Independent Agency Heads
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Supreme Court Seems Likely To Give Trump Power To Remove Independent Agency Heads

WASHINGTON—The Supreme Court heard oral arguments Monday in a case that could change the way presidents interact with the massive federal bureaucracy. At issue in the case, Trump v. Slaughter, is whether a president has the authority to fire officials from independent agencies. Rebecca Slaughter, a former Federal Trade Commissioner, sued the president for removing her from the commission in March. Over the day’s three-hour proceeding, the court’s six conservative justices seemed inclined to side with President Donald Trump. Doing so would upend the way the federal bureaucracy interacts with the executive branch — a win not just for Trump, but for small-government conservatives anxious to claw back power from the “deep state.” Slaughter’s team argues that independent agencies like the FTC have long-standing statutory protections allowing commissioners to be removed only “for cause” rather than “at will.” The team also insisted that these protections are essential for preserving agency independence, preventing partisan interference, and maintaining the separation of powers. “We are asking the court to adhere to all of its precedents and to give effect to the collective wisdom and experience of all three branches of government,” said attorney Amit Agarwal. “Multi-member commissions with members enjoying some kind of removal protection have been part of our story since 1970.” Solicitor General John Sauer contends, however, that Slaughter’s case rests on a precedent he called a “decaying husk.” Relying on the 1935 case, Humphrey’s Executor v. United States, “continues to tempt Congress to erect, at the heart of our government, a headless branch,” he argued. Sauer acknowledged, however, that not all independent agencies are alike. In response to a question from Justice Brett Kavanaugh about how the Federal Reserve differs from the FTC, Sauer said the Fed was “sui generis” and should be treated as such. Kavanaugh was frequently at odds with Justice Elena Kagan throughout oral arguments. “Once you’re down this road, it’s a little bit hard to see how you would stop,” Kagan said, arguing that giving the president control of the bureaucracy would essentially cede power to the executive. Kavanaugh pushed back, noting that “the real world of this is the independent agencies shift power from the presidency to the Congress. Everyone recognizes that.” 50% off DailyWire+ annual memberships will not return for another year, so don’t miss this deal! Join now at DailyWire.com/cyberweek. In the email notifying Slaughter that she was being fired, the White House said that allowing Slaughter to remain on the commission would be “inconsistent with [the] Administration’s priorities.” Former President Joe Biden appointed Slaughter to her second term at the Federal Trade Commission, which would have ended in 2029. The Supreme Court is expected to issue a decision on the president’s authority to dismiss Slaughter by June 2026. If the Supreme Court sides with President Trump, Slaughter’s attorneys argue the decision “would profoundly destabilize institutions that are now inextricably intertwined with the fabric of American governance.”