On June 29, 2026, the Supreme Court held in a 6-3 decision in Trump v. Slaughter that the Federal Trade Commission (FTC) Act’s for-cause removal provision is unconstitutional. The Court overruled Humphrey’s Executor v. United States and held that statutory restrictions on the President’s ability to remove FTC Commissioners violate the separation of powers.
The separation of powers is a fundamental tenet of our democracy. The United States Constitution diffuses the authority of the federal government across three branches, each with a distinct set of constitutional responsibilities. Exercising its legislative authority, Congress has created administrative agencies—federal organizations housed in the executive branch who act with power delegated from Congress to promulgate rules, investigate violations of those rules, and carry out adjudications. For decades, Congress made choices about not only the structure of those agencies, but also the degree of direct presidential control over agency leadership.
Continue Reading Supreme Court Overrules Humphrey’s Executor and Permits At-Will Removal of FTC Commissioners