On December 8, 2023, the U.S. Supreme Court heard arguments regarding former President Donald Trump's authority to remove Rebecca Kelly Slaughter, a Democratic commissioner of the Federal Trade Commission (FTC). This case could potentially overturn a 90-year-old legal precedent established in the 1935 case Humphrey's Executor v. United States, which has historically protected the heads of independent agencies from arbitrary removal by the president.

The FTC, created in 1914, is a bipartisan independent agency designed to safeguard the American economy from unfair competition. Under existing law, the president can only remove FTC commissioners for specific reasons, such as inefficiency or misconduct, rather than for policy disagreements. Slaughter's dismissal was justified by the Trump administration as being misaligned with its priorities, despite lacking a stated cause.

The Justice Department's solicitor general, D. John Sauer, argued that the Humphrey's Executor precedent is an "indefensible outlier" that allows Congress to create independent agencies that operate without political accountability. In contrast, Slaughter's legal representation contended that independent agencies have been integral to U.S. governance, serving essential regulatory functions free from direct political influence.

The Supreme Court's conservative majority appeared inclined to support the Trump administration's position, raising concerns among liberal justices about the implications of granting the president unchecked power over independent agencies. Justice Elena Kagan warned that such a ruling could lead to significant, uncontrolled presidential authority, affecting not only executive functions but also legislative and adjudicative processes.

Legal experts suggest that a ruling in favor of Trump could extend beyond the FTC, impacting other independent agencies like the Federal Reserve and the Securities and Exchange Commission, which are similarly designed to operate free from political pressures. The court's decision, expected by the end of June 2026, could have profound consequences for the balance of power within the U.S. government, particularly regarding the autonomy of independent regulatory bodies.

This case follows a pattern of actions by the Trump administration that have tested the limits of presidential authority across various domains, including immigration and military deployment. The Supreme Court's deliberation on this matter is critical, as it may influence the future of independent agencies and their ability to operate free from political pressures, which is essential for protecting public interests.