Supreme Court Expands Presidential Power, Overrules Humphrey's Executor
SCOTUS invalidates for-cause removal protections for FTC commissioners in a 6-3 ruling.
Why it matters: This ruling broadens presidential authority over independent agencies, altering regulatory enforcement and government oversight dynamics for legal and corporate professionals.
- June 29, 2026: Supreme Court issues 6-3 decision in Trump v. Slaughter.
- Court overrules 1935 precedent Humphrey's Executor, ending for-cause removal protections.
- President Trump removed FTC commissioners over policy disagreements, prompting the case.
- FTC commissioners' seven-year terms remain, but President now has at-will removal power.
On June 29, 2026, the U.S. Supreme Court handed down a landmark 6-3 decision in Trump v. Slaughter, ruling that the Federal Trade Commission Act's 'for-cause' removal provision violates the Constitution. This effectively overruled Humphrey's Executor v. United States (1935), a precedent that had shielded FTC commissioners from removal except for cause.
The case emerged after President Donald Trump removed FTC Commissioners Rebecca Slaughter and Alvaro Bedoya for policy reasons, rather than statutory grounds, sparking legal challenges. Chief Justice John Roberts emphasized in the majority opinion that the FTC wields significant executive authority, including rulemaking and enforcement of federal statutes, which supports the President's broad removal power.
Justice Neil Gorsuch concurred, noting that while the powers of these agencies remain intact, they have been reassigned to the President. Meanwhile, Justice Sonia Sotomayor dissented strongly, describing the ruling as an "egregiously wrong" 'bait and switch.'
The ruling leaves the statutory powers of the FTC unchanged but marks a profound shift in the balance of power. The Federal Reserve may stand as an exception, as the Court avoided deciding whether similar removal protections are constitutional for other offices traditionally independent of the executive branch.
This 91-year-old precedent's overturn could spur legal and legislative reevaluations regarding the independence of various federal agencies and heighten presidential influence over regulatory enforcement and administrative governance.
By the numbers:
- 6-3 — Supreme Court vote count in Trump v. Slaughter
- 1935 — Year Humphrey's Executor precedent was established
- 91 years — Duration Humphrey's Executor protected FTC commissioners
- 7 years — Term length for FTC commissioners affected
Yes, but: The Court did not resolve whether the removal provisions for agencies like the Federal Reserve remain constitutional, leaving some agency structures uncertain.
What's next: Legal and legislative reviews of the structure and independence of federal agencies are expected following this decision, especially concerning exceptions like the Federal Reserve.