The U.S. Supreme Court has temporarily allowed President Donald Trump to fire Rebecca Slaughter, the last remaining Democratic appointee on the Federal Trade Commission (FTC). This decision, though labeled as temporary, has broader implications for the structure and independence of regulatory agencies. The ruling comes as the Court prepares to hear arguments in December, with indications that the conservative majority may use the case to overturn a landmark precedent from 1935.
The 1935 decision upheld the constitutionality of congressional statutes that established multi-member, bipartisan regulatory agencies such as the FTC. This ruling, delivered in a unanimous opinion, affirmed that presidents could not unilaterally remove commissioners without cause, such as misconduct. However, the current composition of the Court has led to a reevaluation of these legal principles, with the potential to shift the balance of power towards executive control over such agencies.
The decision allows Trump to remove Slaughter, the sole remaining Democratic commissioner, which has already resulted in her name being removed from the FTC website. Critics argue that this marks a significant step away from the bipartisan oversight intended by Congress. The implications of this ruling extend beyond the FTC, with potential consequences for the independence and structure of other regulatory bodies. The decision signals a possible erosion of the nonpartisan nature of these agencies, raising concerns about increased executive influence over regulatory processes.