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Supreme Court to Rule on Presidential Power Over the FTC

Martin HollowayPublished 2month ago4 min readBased on 6 sources
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Supreme Court to Rule on Presidential Power Over the FTC

The U.S. Supreme Court is expected to issue a ruling in Trump v. Slaughter before its current term closes — a decision that will determine whether a president can remove Federal Trade Commission commissioners at will, or whether statutory protections embedded in the FTC Act constrain that power.

The case centres on President Trump's removal of Rebecca Kelly Slaughter, a Democratic commissioner whom Trump himself nominated to the FTC in 2018. A lower court found that removal unlawful, siding with Slaughter's argument that the FTC Act's removal protections — which permit dismissal only for inefficiency, neglect of duty, or malfeasance — limit the president's authority. The Trump administration appealed. The Supreme Court docketed the emergency application on September 4, 2025, and the full case on September 22, 2025. Oral arguments were heard on December 8, 2025, per the BBC, making a ruling before the June or early-July recess the standard expectation.

The Constitutional Question

At stake is a decades-old precedent. Humphrey's Executor v. United States (1935) established that Congress could shield the heads of independent agencies from immediate removal by the president — a principle the FTC Act was written to protect. The Trump administration argues that Humphrey's Executor should be narrowed or overruled, contending that the president's constitutional removal power cannot be meaningfully constrained for officers exercising significant executive functions.

Slaughter's legal team — and the lower court that ruled in her favour — maintains that Humphrey's Executor stands, that FTC commissioners are precisely the sort of officers Congress may protect, and that the administrative system has relied on this framework for nearly nine decades.

The Supreme Court has already shown willingness to narrow Humphrey's Executor. In Seila Law v. CFPB (2020) and Collins v. Yellen (2021), the Court held that single-director independent agencies with substantial executive power could not enjoy the same removal protections as multi-member commissions. Trump v. Slaughter now tests whether that reasoning extends to the FTC itself — a five-member body that has operated as the model independent commission since 1914.

What the Outcome Could Mean

The FTC's mandate spans consumer protection and antitrust enforcement across the U.S. economy, including technology giants. A ruling that removes statutory removal protections from its commissioners would give any sitting president direct leverage over enforcement priorities without needing to prove cause. For the technology sector, this matters: the FTC has been the primary federal body for major merger challenges and data-privacy enforcement actions in recent years.

The broader context here extends well beyond the FTC. If the Court's reasoning is written broadly, the decision could reshape multi-member independent agencies across the board — the FCC, the FERC, the NLRB, the SEC — and fundamentally alter the administrative framework that has governed U.S. markets since the 1930s. If the justices take a narrower path, perhaps distinguishing the FTC's particular enforcement functions, the ruling's scope shrinks considerably. The specific reasoning the majority chooses will matter as much as the outcome itself.

Timing and What Comes Next

This case is one of three major Trump-related rulings Reuters reports are expected before the Court's term concludes. For technology companies and their legal teams, the immediate practical question is direct: if the Court rules for Trump, the FTC's enforcement posture becomes subject to presidential direction in a way it has not been since the agency's founding. Planning for that contingency, rather than waiting for a decision, is already overdue.