The Supreme Court just handed the executive branch a significant win in its long-running campaign to consolidate power over independent agencies. In a 6-3 decision, the Court issued an emergency stay allowing President Trump’s firing of FTC Commissioner Rebecca Kelly Slaughter to stand while the broader legal battle plays out.
Back in March 2025, Trump fired Slaughter, a commissioner originally reappointed by President Biden, arguing she was misaligned with administration priorities. The problem: the Federal Trade Commission Act requires “for cause” removals, meaning commissioners can only be dismissed for mismanagement, neglect, or misconduct.
Slaughter challenged the firing, and the case rocketed through the courts. On September 22, 2025, the Supreme Court granted an emergency stay, effectively letting the termination hold during litigation. Oral arguments are scheduled for December 8, 2025, with a final ruling expected by summer 2026.
The core legal question is whether the Court should overturn Humphrey’s Executor v. United States, a 1935 precedent that established the removal protections independent agencies rely on to operate free from direct presidential control. Chief Justice Roberts has already tipped his hand, reportedly describing Humphrey’s Executor as a mere “dried husk.”
