Slaughter v. Trump (Slaughter FTC Appeal)
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TikTok The Facts
President Trump fired FTC Commissioners Slaughter and Bedoya without cause in February 2025. This was the first attempt to remove sitting independent agency commissioners since FDR's removal of William Humphrey in 1933, which gave rise to Humphrey's Executor. The commissioners remained in office under court order while litigation proceeded. The D.C. Circuit expedited review; the government simultaneously filed an emergency application at the Supreme Court seeking a stay of the lower-court orders requiring the commissioners' reinstatement.
The Application
The President's removal of sitting FTC Commissioners directly tests Humphrey's Executor's prohibition on at-will removal of independent agency officials for the first time since FDR's original removal of William Humphrey 92 years prior. Under current law established by Seila Law, multi-member commissions retain greater removal protections than single-head agencies, but the government contends the President's unitary executive power to control subordinate officers overrides these structural limitations. The lower courts found the removal violated Humphrey's Executor because Congress established the FTC with explicit for-cause protections, reasoning that structural independence for multi-member bodies remains constitutionally permissible even under modern removal doctrine. The Supreme Court must decide whether Humphrey's Executor survives in its current form or whether intervening constitutional theory about presidential authority requires narrowing or eliminating the protection for independent commissioners.
The Conclusion
Pending decision (argued December 8, 2025). The ruling will determine whether the President can remove the heads of all independent agencies at will, affecting the SEC, FCC, NLRB, Federal Reserve, and every other multi-member commission. A ruling against the commissioners would end 90 years of structural independence for the federal regulatory state.
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Case Analysis
Overview
Slaughter v. Trump (25A264) is the Supreme Court emergency application arising from President Trump's purported firing of FTC Commissioners Rebecca Kelly Slaughter and Alvaro Bedoya in February 2025. The district court ruled the firings unlawful under Humphrey's Executor (1935). The government sought an emergency stay and the Court granted certiorari on an expedited basis, consolidating with Cook v. Trump (Federal Reserve removal). Oral arguments were held December 8, 2025.
Facts
President Trump fired FTC Commissioners Slaughter and Bedoya without cause in February 2025. The first attempt to remove sitting independent agency commissioners since FDR's removal of William Humphrey in 1933 (which gave rise to Humphrey's Executor). The commissioners remained in office under court order while litigation proceeded. The D.C. Circuit expedited review; the government simultaneously filed an emergency application at the Supreme Court seeking a stay of the lower-court orders requiring the commissioners' reinstatement.
Summary
Slaughter v. Trump (25A264) is the Supreme Court emergency application arising from President Trump's purported firing of FTC Commissioners Rebecca Kelly Slaughter and Alvaro Bedoya in February 2025. The district court ruled the firings unlawful under Humphrey's Executor (1935). The government sought an emergency stay and the Court granted certiorari on an expedited basis, consolidating with Cook v. Trump (Federal Reserve removal). Oral arguments were held December 8, 2025.
Issue
Whether the President has authority to remove members of multi-member independent regulatory commissions at will, and whether Humphrey's Executor v. United States (1935) should be overruled or narrowed.
Facts
President Trump fired FTC Commissioners Slaughter and Bedoya without cause in February 2025. The first attempt to remove sitting independent agency commissioners since FDR's removal of William Humphrey in 1933 (which gave rise to Humphrey's Executor). The commissioners remained in office under court order while litigation proceeded. The D.C. Circuit expedited review; the government simultaneously filed an emergency application at the Supreme Court seeking a stay of the lower-court orders requiring the commissioners' reinstatement.
Issue
Whether the President has authority to remove members of multi-member independent regulatory commissions at will, and whether Humphrey's Executor v. United States (1935) should be overruled or narrowed.
Rule
Humphrey's Executor v. United States, 295 U.S. 602 (1935) held Congress may protect independent agency commissioners from at-will removal. Seila Law LLC v. CFPB (2020) narrowed but did not overrule Humphrey's Executor for multi-member commissions. The unitary executive theory holds Article II vests the President with removal authority over all executive officers.
Conclusion
Pending decision (argued December 8, 2025). The ruling will determine whether the President can remove the heads of all independent agencies at will. Affecting the SEC, FCC, NLRB, Federal Reserve, and every other multi-member commission. A ruling against the commissioners would end 90 years of structural independence for the federal regulatory state.
Analysis
The President's removal of sitting FTC Commissioners directly tests Humphrey's Executor's prohibition on at-will removal of independent agency officials. For the first time since FDR's original removal of William Humphrey 92 years prior. Under current law established by Seila Law, multi-member commissions retain greater removal protections than single-head agencies, but the government contends the President's unitary executive power to control subordinate officers overrides these structural limitations. The lower courts found the removal violated Humphrey's Executor because Congress established the FTC with explicit for-cause protections, reasoning that structural independence for multi-member bodies remains constitutionally permissible even under modern removal doctrine. The Supreme Court must decide whether Humphrey's Executor survives in its current form or whether intervening constitutional theory about presidential authority requires narrowing or eliminating the protection for independent commissioners.
Conclusion
Pending decision (argued December 8, 2025). The ruling will determine whether the President can remove the heads of all independent agencies at will. Affecting the SEC, FCC, NLRB, Federal Reserve, and every other multi-member commission. A ruling against the commissioners would end 90 years of structural independence for the federal regulatory state.
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