Trump v. Slaughter
609 U. S. ___ (2026) · 6/29/26
The Federal Trade Commission’s for-cause removal provision, 15 U. S. C. §41, is contrary to the separation of powers enshrined in the Constitution.
Edition: slip opinion, revised 7/07/26
Voices: Syllabus — prepared by the Reporter of Decisions · Chief Justice Roberts delivered the opinion of the Court. · Justice Gorsuch, concurring. · Justice Sotomayor, with whom Justice Kagan and Justice Jackson join, dissenting.
The Federal Trade Commission (FTC) is a regulatory agency that has accumulated vast rulemaking, enforcement, and adjudicatory powers. The FTC’s powers belong not to the President or his appointees alone, but instead to five Commissioners, each of whom serves for seven years and may be removed by the President only “for inefficiency, neglect of duty, or malfeasance in office.” 15 U. S. C. §41.
Soon after President Trump began his second term in January 2025, he fired the FTC’s two Democratic appointees, Rebecca Slaughter and Alvaro Bedoya. He did not identify a cause under the statute. He instead told them their “continued service on the FTC [was] inconsistent with [his] Administration's priorities” and that they were removed “pursuant to [his] authority under Article II of the Constitution.” App. 28. Slaughter filed suit against the President and other executive officials, seeking relief to restore her to office. She argued that her removal was ultra vires, violated the…Read it in the reading room ›