Trump, President of the United States, et al. v. Slaughter
No. 25-332 · Decided June 29, 2026 · Reversed and remanded
Does the for-cause removal provision for Federal Trade Commission (FTC) Commissioners under 15 U.S.C. §41 violate the separation of powers? The for-cause removal provision for Federal Trade Commission Commissioners under 15 U.S.C. §41 is unconstitutional as it violates the separation of powers by restricting the President's authority to remove executive officers at will.
Vote & lineup6–3 on the judgment. Roberts delivered the opinion of the Court, joined by Alito, Gorsuch, Kavanaugh, Barrett, Thomas (6). Dissent(s): Sotomayor (joined by Kagan, Jackson). Concurrence(s): Gorsuch.
The question
Does the for-cause removal provision for Federal Trade Commission (FTC) Commissioners under 15 U.S.C. §41 violate the separation of powers? Specifically, can Congress limit the President's authority to remove principal officers of a regulatory agency to causes such as "inefficiency, neglect of duty, or malfeasance in office"? Finally, does the precedent set in *Humphrey’s Executor v. United States* remain valid given the current understanding of executive power?
Petitioner's argument
- The President possesses the "general administrative control of those executing the laws," which includes the power to remove subordinates at will.
- Removal authority is an inherent part of the "executive Power" vested in the President by Article II, §1, cl. 1 of the Constitution.
- The President must be able to remove officers to fulfill his constitutional obligation under the Take Care Clause (Art. II, §3) to ensure laws are faithfully executed.
- The "Decision of 1789" and subsequent government practice established that the President's removal power cannot be diminished or modified by the legislature.
Respondent's argument
- The FTC is a multimember "expert" agency that performs "quasi-legislative" and "quasi-judicial" functions, making it distinct from purely executive officers.
- Under *Humphrey’s Executor v. United States*, Congress may protect such officers from at-will removal to ensure they act with impartiality and are not subject to partisan direction.
- The "character of the office" justifies for-cause removal protections to maintain a "continuous policy" free from the effects of changing administrations.
- The Court should respect the reliance interests of Congress and the public who have operated under the *Humphrey's Executor* framework for nearly a century.
The decision
- The Court held that the FTC's for-cause removal provision in 15 U.S.C. §41 is unconstitutional because it violates the separation of powers.
- The Court relied on Article II, §1, cl. 1 (the Vesting Clause) and Article II, §3 (the Take Care Clause), reasoning that the "unity" of the Executive Branch requires the President to have at-will removal power over those executing the laws.
- The Court invoked the "Decision of 1789," where the First Congress settled that the power of removal is an executive power that the legislature has no right to diminish.
- The Court reaffirmed *Myers v. United States*, which established that the President has the authority to remove executive officers at will.
- The Court explicitly overruled *Humphrey’s Executor v. United States*, finding its "quasi-legislative" and "quasi-judicial" distinctions to be a "result in search of a rationale" and inconsistent with later precedents like *Free Enterprise Fund v. Public Company Accounting Oversight Board* and *Seila Law LLC v. Consumer Financial Protection Bureau*.
- The Court applied a test based on whether the agency exercises "executive power"; because the FTC promulgates substantive rules, conducts in-house adjudications, and files civil suits, it exercises quintessentially executive power.
- The Court cited *Bowsher v. Synar* to conclude that the FTC's tasks are "the very essence of 'execution' of the law" and must therefore be subject to the President's control.
- The Court rejected the "reasonableness" test proposed by the respondent, arguing that allowing Congress to "reasonably" limit removal would allow it to commandeer the entire Executive Branch.
Separate opinions
Gorsuch, concurring
- Argues that while the President now controls these agencies, this creates a risk of accumulating too much power (legislative, judicial, and executive) in one hand, citing *The Federalist* No. 47.
- Suggests the Court should use the nondelegation doctrine and the "major questions doctrine" (citing *West Virginia v. EPA*) to restore legislative and judicial powers to their proper branches.
Sotomayor, dissenting (joined by Kagan, Jackson)
- Argues that *Humphrey’s Executor* should be upheld based on stare decisis and the "deeply rooted tradition" of independent agencies.
- Cites *Marbury v. Madison* to argue that fixed-term tenures can preclude at-will removal.
- Contends that for-cause removal is essential for impartiality and expertise in complex regulatory fields, and that the majority's rule invites "arbitrary authority."