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Policy & Law

Ex-FTC Commissioner Calls on Congress to Reassert Authority After SCOTUS Ruling

The 6-3 decision expanded presidential power over independent agencies and overturned 91 years of legal precedent established in Humphrey's Executor v. United States.

Commissioner Calls — U.S. Department of the Interior Annual Report 1892
Photo: U.S. Secretary of the Interior (Public domain) via Wikimedia Commons
⚡ The Bottom Line

Monday's ruling marks a significant expansion of presidential power over independent regulatory agencies, giving chief executives greater authority over bodies like the FTC that have historically operated with some insulation from direct White House control. Slaughter's call for Congress to use its oversight and budgetary powers reflects an ongoing debate about checks and balances in the execut...

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Former Federal Trade Commissioner Rebecca Slaughter on Monday called on Congress to reassert its authority as a coequal branch of government after the Supreme Court ruled that President Trump had the authority to fire her last year.

The conservative majority ruled 6-3 in favor of the president, expanding presidential power over an independent agency within the executive branch and overturning 91 years of legal precedent. The ruling originated from Trump's dismissal of Slaughter, who served as an FTC commissioner until her removal by the administration.

What the Left Is Saying

Slaughter told reporters during a virtual press conference that Congress should use its constitutional tools to check executive power. "I think what we really need from Congress is for members on both sides of the aisle, Democrat and Republican, to reassert their constitutional responsibility to provide checks on an out of control executive," she said, adding that Congress has powers including "the power of the purse and the power of oversight."

Slaughter emphasized that using these powers is in "everybody's interest, whomever party you are from." She argued Congress "has really been neglecting" its oversight role. If Congress fails to act, she expressed hope that a future Democratic president would appoint commissioners who would "use the agency's authority to protect the American people from the cheating and lying by businesses that are taking advantage of them."

Slaughter also noted that Monday's ruling does not "end the conversation" about the FTC's role in protecting consumers while maintaining its political independence.

What the Right Is Saying

Trump praised the court's decision as a "BIG WIN" in a post on Truth Social. "It is such an Honor to be the sitting President who won this Historic and Unprecedented Ruling, one of the most important ever given with respect to Presidential Powers," he wrote.

The ruling endorsed by the conservative majority upheld expanded presidential authority over independent regulatory agencies, reversing the 1935 Humphrey's Executor standard that had limited presidents' ability to remove agency heads. Supporters argued the original precedent improperly constrained executive power and accountability.

What the Numbers Show

The Supreme Court ruled 6-3 along ideological lines in favor of the administration. The decision overturned 91 years of legal precedent dating back to the 1935 Humphrey's Executor v. United States ruling, which had established that Congress could restrict a president's authority to remove agency heads with "quasi-judicial" and "quasi-legislative" functions.

The original Humphrey's Executor case arose after President Franklin D. Roosevelt fired FTC Commissioner William Humphrey in 1933 for disagreeing with the administration's New Deal agenda.

The Bottom Line

Monday's ruling marks a significant expansion of presidential power over independent regulatory agencies, giving chief executives greater authority over bodies like the FTC that have historically operated with some insulation from direct White House control. Slaughter's call for Congress to use its oversight and budgetary powers reflects an ongoing debate about checks and balances in the executive branch. The decision is expected to shape how future administrations interact with independent regulatory agencies.

Trump called it one of the most important rulings on presidential power in history, while Slaughter said the ruling does not end broader discussions about the FTC's consumer protection mission.

Sources