Supreme Court Ruling on FTC Commissioner Raises Questions About Administrative State

The Supreme Court ruled in a 6-3 decision that President Donald Trump has the authority to remove Federal Trade Commission Commissioner Rebecca Slaughter, overturning the nearly 90-year-old Humphrey's Executor precedent that protected independent agency officials from at-will dismissal. Chief Justice John Roberts stated that the FTC's leaders must be accountable to the president due to the agency's exercise of executive power. Justice Neil Gorsuch, in a concurring opinion, raised broader constitutional questions regarding Congress's ability to delegate legislative and judicial powers to executive agencies. He suggested that the ruling could lead to challenges against the powers of independent federal agencies, emphasizing the need for Congress to reclaim powers it has delegated. Legal experts, including Carrie Severino and Haley Proctor, noted that this ruling may set the stage for future litigation regarding the structure and authority of the administrative state. The majority opinion did not address the extent of power Congress can grant to executive agencies, leaving open questions about the future of such agencies.