Trump v. Slaughter · ¶150

In 1914, Congress enacted the Federal Trade Commission Act, which established the FTC primarily to prevent “unfair methods of competition in commerce.” 38 Stat. 719, as amended, 15 U. S. C. §41 et seq. Then, as today, the Commission included five Commissioners appointed by the President and confirmed by the Senate; no more than three Commissioners at a given time could be from the same political party; the Commissioners generally served staggered 7-year terms; and, central here, the Commissioners could be removed by the President only for “inefficiency, neglect of duty, or malfeasance in office.” 38 Stat. 717–718, 15 U. S. C. §41. At the time of enactment, the Commissioners elected their own Chair from among their membership. 38 Stat. 718. Today, the President appoints the Chair. See §41; 16 CFR §0.8 (2025).

slip opinion, revised 7/07/26
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