DONALD J. TRUMP, PRESIDENT v. REBECCA KELLY SLAUGHTER
Summary
The Supreme Court on Monday morning signaled that it was likely to strike down a federal law that restricts the president’s ability to fire members of the Federal Trade Commission. During two and a half hours of argument in the case of Trump v. Slaughter, a solid majority of the justices appeared to agree with the Trump administration that a law prohibiting the president from firing FTC commissioners except in cases of “inefficiency, neglect of duty, or malfeasance in office” violates the constitutional separation of powers between the three branches of government. And although several justices expressed skepticism about a 90-year-old case, Humphrey’s Executor v. United States, upholding that law, it was less clear that there was a majority ready to overrule it.
A decision in favor of the Trump administration would significantly increase the president’s power over not only the FTC but roughly two dozen other multi-member agencies that Congress intended to be independent. President Donald Trump has also fired members of the National Labor Relations Board, the Merit Systems Protection Board, and the Consumer Product Safety Commission. The Supreme Court has already allowed those firings to take effect in proceedings on its interim docket, but the court’s ruling in the case of FTC commissioner Rebecca Slaughter will provide a more definitive ruling on the legality of those firings.
Read more: Court seems likely to side with Trump on president’s power to fire FTC commissioner
Oral Arguments
SCOTUSblog Coverage
https://www.scotusblog.com/cases/case-files/trump-v-slaughter-2/