Supreme Court Overturns Humphrey's Executor, Allows President to Fire FTC Commissioners at Will
Key Questions
What did the Supreme Court rule about presidential removal of FTC commissioners?
In a 6-3 decision, the Court overturned the 1935 Humphrey's Executor precedent, allowing the President to fire FTC commissioners at will. Justice Kavanaugh authored the majority opinion in the Slaughter case.
How does the ruling affect other independent agencies like the Federal Reserve?
A related decision in Cook v. Federal Reserve similarly expanded presidential removal authority over Fed governors. This broadens executive control over multiple independent regulatory bodies.
What are the potential impacts on regulatory policy and agencies?
The ruling reduces independence for agencies overseeing tech, AI, consumer protection, and competition, as well as science-focused bodies like the NIH and EPA. It has raised concerns about increased politicization of these institutions.
In a 6-3 ruling (Slaughter), the Court struck down restrictions on presidential removal of FTC commissioners, overturning the 1935 precedent Humphrey's Executor. Kavanaugh wrote the majority. In a related case, Cook v. Federal Reserve, the Court similarly expanded presidential removal power over Fed governors. This reshapes regulatory independence, especially for tech and AI oversight, and has major implications for consumer protection, competition policy, and science agencies like NIH and EPA. The ruling is fueling concerns about politicization of independent agencies.