The US Supreme Court heard oral arguments on Monday in a case with the potential to overturn a long-established limit on the president’s power to fire the leaders of independent agencies. The limit was established in Humphrey’s Executor v. United States (1935).
The present case, Trump v. Slaughter, centers on the legality of President Donald Trump’s attempt to fire Alvaro Bedoya and Rebecca Kelly Slaughter from their positions as members of the Federal Trade Commission (FTC) in March of this year. The FTC web site lists the final days of employment for both commissioners as March 18.
Solicitor General D. John Sauer argued that Humphrey’s Executor is “an indefensible outlier” in the history of interpretations of the president’s authority to fire officials, as found in Article II of the Constitution. He added, “Humphrey’s must be overruled. It has become a decaying husk with bold and particularly dangerous pretensions. It was grievously wrong when decided… Humphrey’s poses a direct threat to our constitutional structure and, as a result, the liberty of the American people.”
In response to their attempted firing, Slaughter and Bedoya immediately sued, citing alleged violations of the Federal Trade Commission Act (FTCA), the Administrative Procedure Act (APA), and the US Constitution. They sought injunctive and declaratory relief. Bedoya resigned voluntarily in June, however, and the US District Court for the District of Columbia held in July that Bedoya’s resignation eliminated his standing and dismissed his claims. In the same ruling, the court relied on Humphrey’s Executor to find that Slaughter’s dismissal was improper. The court granted her summary judgement, thus reinstating her.
The Trump administration filed an appeal, arguing that the District Court should have applied the Supreme Court’s reasoning from the May 2025 stay in Trump v. Wilcox, rather than the 1935 precedent. Supreme Court Chief Justice John Roberts, acting in his role as Circuit Justice for the District Court for the District of Columbia, agreed and granted a stay of Slaughter’s reinstatement. The Supreme Court formally agreed in September to hear Slaughter’s case.
Some journalists anticipate that the ruling, expected in June, will be split along party lines, based on questions and comments from the justices yesterday. Justice Brett Kavanaugh reportedly spoke about agencies having power over billion-dollar agencies without accountability. Justice Elena Kagan warned that the president would have “massive unchecked, uncontrolled power” if the court overturns Humphrey’s Executor.
President Trump has also sought to fire the leaders of other independent agencies, including the Librarian of Congress and the director of the US Copyright Office.
