Supreme Court Hears Case on Agency Removal Precedent
The Supreme Court heard oral arguments on Monday in a case challenging a nearly century-old precedent that limits a president's authority to remove members of independent federal agencies without cause, signaling that a majority of justices may be prepared to expand executive power in a ruling that could affect dozens of regulatory bodies.
The dispute centers on President Donald Trump's March dismissal of Rebecca Kelly Slaughter, a Democratic appointee to the five-member Federal Trade Commission, whose term was set to expire in 2029. Federal law allows removal of FTC commissioners only for inefficiency, neglect of duty or malfeasance in office, a protection rooted in the court's 1935 unanimous decision in Humphreys Executor v. United States. Slaughter sued after her firing, arguing it violated that precedent. A lower federal appeals court sided with her, reinstating her position, but the Supreme Court granted a stay in September, keeping her off the commission pending a final decision.
During the arguments, several conservative justices expressed skepticism about the ongoing validity of Humphreys Executor. Chief Justice John Roberts described the ruling as a "dried husk" of its...