FTC removal protections
Trump v. Rebecca Kelly Slaughter
In brief
The FTC's for-cause removal protection is unconstitutional, so presidents have greater authority to remove FTC commissioners.
- Where it stands
- Decided
Decided 6-3 · June 29, 2026 · Opinion by Chief Justice Roberts
- What it’s about
- The Court held that the Federal Trade Commission’s for-cause removal provision violates the Constitution’s separation of powers. The Court ruled for President Trump, overruled Humphrey’s Executor, and reversed and remanded the lower-court judgment.
- Who it affects
- The President is no longer limited by that FTC for-cause removal provision when removing commissioners. This directly affects FTC commissioners and gives presidents greater control over the agency's leadership.
Summary: written with AI from the case record.
What it's about
The decision changes the constitutional framework for independent agencies designed to operate with some distance from presidential and partisan control.
Question presented
Do the statutory removal protections for members of the Federal Trade Commission violate the separation of powers?
What the Court decided
Holding
The FTC’s for-cause removal provision is contrary to the separation of powers enshrined in the Constitution. Reversed and remanded.
- Result
- Reversed
The vote
From the opinions
“This structure allows the agencies to address complex problems while enjoying some independence from Presidential removal and thus absolute partisan control.”
What's next
The case returns to the lower court for further proceedings consistent with the Supreme Court's decision. Courts and federal officials must treat the FTC's challenged removal protection as unenforceable.
Docket activity
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More questions
- What did the Supreme Court rule in Trump v. Slaughter?
- The Court ruled that the FTC provision allowing removal of commissioners only for specified causes violates separation of powers. It reversed and remanded the lower-court judgment.
- Who won Trump v. Slaughter?
- President Trump won. The Court ruled that the FTC's for-cause removal protection is unconstitutional.
- What does Trump v. Slaughter mean for FTC commissioners?
- FTC commissioners no longer have the challenged statutory protection against removal except for specified causes. Presidents have greater control over the agency's leadership.
- Is Humphrey's Executor still the law after Trump v. Slaughter?
- No. The Court overruled Humphrey's Executor in ruling against the FTC's for-cause removal provision.
- What happens next in Trump v. Slaughter?
- The case goes back to the lower court for further proceedings. The FTC removal protection at issue cannot be enforced.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.