On Monday, the Supreme Court ruled that President Donald Trump may remove Democratic Federal Trade Commission (FTC) commissioner Rebecca Slaughter without cause while her legal challenge to the termination proceeds.

Supreme Court Stay on FTC Commissioner’s Removal

In a 6–3 decision, the Court granted the Trump administration’s request for a stay, temporarily blocking rulings from the district court and the United States Court of Appeals for the D.C. Circuit that had ordered her reinstatement. As we previously discussed, both courts had ruled that Slaughter’s removal was unlawful under Humphrey’s Executor, which held that Congress could limit the president’s removal power by providing for-cause protections for commissioners at independent agencies such as the FTC.Continue Reading Supreme Court Stay Sets Stage for Reconsidering Humphrey’s Executor