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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

The Supreme Court has agreed to weigh in on the interpretation of a decades-old federal privacy statute that has found renewed relevance in the modern digital advertising ecosystem. In Salazar v. Paramount Global, the Court will consider the scope of the Video Privacy Protection Act (VPPA), specifically, who qualifies as a “consumer” entitled to the statute’s protections. The decision to grant certiorari reflects a clear and growing circuit split with implications for companies that operate video-enabled websites, ad-supported streaming platforms, and content-driven digital services.

Congress enacted the VPPA in 1988 in response to a highly publicized privacy controversy during the confirmation hearings of Supreme Court nominee Judge Robert Bork. During those hearings, a Washington newspaper obtained and published Bork’s video rental history from a local video store. The incident sparked bipartisan concern over the ease with which sensitive viewing habits could be disclosed, prompting Congress to pass legislation restricting such practices.

Continue Reading Supreme Court Takes Up VPPA Case With Major Implications for Digital Advertising and Privacy

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

Earlier this month, the United States Court of Appeals for the D.C. Circuit ruled President Trump’s removal of Democrat commissioners from the Federal Trade Commission (FTC) was unlawful. In a 2-1 decision, the panel held that the case was squarely controlled by Supreme Court precedent in Humphrey’s Executor. The D.C. Circuit decision upheld the district court’s ruling in July and sets the stage for the Supreme Court to determine whether to uphold or overrule long-standing precedent regarding removal protections for “independent” executive agencies.

On Monday, Chief Justice John Roberts granted the Trump administration’s request  and stayed the D.C. Circuit’s decision pending further orders from Roberts or the Supreme Court, which effectively removes Rebecca Slaughter (again) from her role as an FTC commissioner. The stay order directs Slaughter to respond to the administration’s appeal by September 15. During her brief reinstatement, Slaughter dissented from several FTC actions.

Continue Reading Legal Ping-Pong: D.C. Circuit Restores, Then Supreme Court Removes, Rebecca Slaughter as FTC Commissioner