Trump v. Slaughter

Summary

The Court held that the FTC Commissioners’ statutory protection against removal without cause violates Article II because the FTC exercises executive power and must remain subject to presidential control. President Trump therefore could remove Slaughter without establishing statutory cause. The Court expressly overruled Humphrey’s Executor insofar as it permits protection from presidential removal for officers exercising executive power, and reversed and remanded the District Court’s judgment. Chief Justice Roberts wrote for the Court; Justices Alito, Gorsuch, Kavanaugh, and Barrett joined throughout, and Justice Thomas joined except for Part III–B, which reserved questions concerning historically distinct institutions and non-Article III courts. Justice Gorsuch separately concurred, urging stronger enforcement of constitutional limits on delegations of legislative and judicial power now that the President controls formerly independent agencies. Justice Sotomayor, joined by Justices Kagan and Jackson, dissented, arguing that constitutional text, history, precedent, and reliance interests support the FTC’s removal protections and that the decision improperly concentrates power in the President.