Margot Cleveland writes for the Federalist about a significant case at the nation’s highest court.
On Monday, the Supreme Court will hear oral argument in Trump v. Slaughter — a case that at its simplest level concerns whether the president had the power to fire Rebecca Slaughter, a member of the Federal Trade Commission. The case, however, actually presents a much more profound issue concerning separation of powers and executive authority under Article II, and whether the Supreme Court should reverse the near century-old precedent of Humphrey’s Executor.
Starting, though, at the simplest level: In March of 2025, President Trump notified Slaughter that he had removed her “from the Federal Trade Commission, effective immediately,” because her “continued service on the FTC is inconsistent with [the President’s] Administration’s priorities.” Slaughter, whose term as an FTC Commissioner was not set to expire until 2029, filed suit against Trump, alleging the president could not fire her without cause.
Here, Slaughter stressed that Congress, by statute, limited the president’s authority to remove commissioners to cases of “inefficiency, neglect of duty, or malfeasance in office.” Because Trump did not claim she had been inefficient, neglectful, or malfeasant in office, Slaughter maintained that Trump lacked the power to fire her.
The district court agreed and entered an injunction ordering Ms. Slaughter’s reinstatement. The Trump Administration sought a stay of the injunction from both the district court and the federal D.C. Circuit Court of Appeals, but both courts denied the request, leaving the injunction in place and Ms. Slaughter on the FTC.
The Trump Administration then sought a stay from the Supreme Court and also asked the high court to hear the appeal immediately. The Supreme Court granted both requests, keeping Slaughter off the FTC pending resolution by the high court. …
… Monday’s argument before the Supreme Court will most like focus heavily on the first question because, if the president has the authority to remove Slaughter, there is no need for the justices to decide whether courts have the power to order the reinstatement of an official.
