Trump v. Slaughter (For cause removal protection (non-Federal Reserve))

Send us Fan MailIn Trump v. Slaughter, the Supreme Court held that the FTC's for-cause removal protection for its Commissioners violates the separation of powers, overruling Humphrey's Executor v. United States (1935) to the extent it survived. The Court reasoned that the Constitution vests executive power solely in the President, who must be able to remove at will any officer—like an FTC Commissioner—who exercises that power, a principle confirmed by the First Congress's "Decision of 1789" and by Myers v. United States (1926). It concluded that Humphrey's rested on an outdated and unworkable view of the FTC as merely "quasi-legislative" and "quasi-judicial," when in fact the agency promulgates binding rules, adjudicates enforcement actions, and sues in federal court—all executive functions. The Court reversed the lower courts and reinstated President Trump's removal of Commissioner Rebecca Slaughter, with Justice Gorsuch concurring and Justice Sotomayor dissenting, joined by Justices Kagan and Jackson.Support the show