President Donald Trump’s bold move to oust a Democratic FTC commissioner just got a temporary green light from the Supreme Court.
The Daily Caller reported that the Supreme Court issued a stay, allowing Trump to sideline Rebecca Kelly Slaughter, a former Chuck Schumer aide, while justices weigh his appeal. This decision delivers a sharp rebuke to lower courts clinging to outdated bureaucratic protections.
In March 2025, Trump fired Slaughter and another Democratic FTC commissioner, shaking up the agency. A Biden-appointed federal judge reinstated Slaughter in July, calling her dismissal unlawful, but a federal appeals court upheld that ruling on September 3 in a split 2-1 decision.
The Supreme Court’s latest order halts the reinstatement, giving Trump’s team breathing room to argue their case. Chief Justice John Roberts, with a flick of his pen, granted the temporary stay to consider Trump’s appeal.
This isn’t a final ruling, but it signals the Court’s willingness to rethink the sacred cows of agency independence. The progressive push to shield unelected bureaucrats from accountability might be running out of steam.
The Supreme Court’s 1935 Humphrey’s Executor ruling has long been a shield for “independent” agencies like the FTC, barring presidents from firing their leaders without cause.
Trump’s legal team argues this precedent is a relic, tying the hands of elected leaders. Justice Brett Kavanaugh, in a July 2025 opinion, hinted that the Court should consider tossing Humphrey’s Executor entirely.
“When an emergency application turns on whether this Court will narrow or overrule a precedent, and there is at least a fair prospect … that we will do so, the better practice often may be to both grant a stay and grant certiorari before judgment,” Kavanaugh wrote.
His words suggest a judiciary ready to rethink the balance of power. Progressives might clutch their pearls, but this could restore accountability to the executive branch.
Trump’s White House is crowing about the stay. “President Trump acted lawfully when he removed Rebecca Slaughter from the FTC,” spokesperson Kush Desai told the Daily Caller News Foundation. Desai’s confidence might be warranted, but his jab at lower courts “defying” the Supreme Court feels like a victory lap before the race is over.
The Supreme Court has backed Trump’s firing authority before, siding with him in May 2025 to remove Merit Systems Protection Board members.
In July, the Court also greenlit his dismissal of Consumer Product Safety Commission members. These rulings chip away at the idea that agency heads are untouchable, a notion conservatives see as a bureaucratic power grab.
The July CPSC decision wasn’t a blank check, though—the majority noted it wasn’t “conclusive as to the merits.” Still, it’s a signal to lower courts to stop reflexively blocking Trump’s moves. The left’s outrage over these firings ignores the bigger picture: presidents should control their administrations.
Slaughter’s ousting isn’t the only controversy. On August 25, 2025, Trump removed Federal Reserve Board Governor Lisa Cook over mortgage fraud allegations, sparking a lawsuit. The pattern is clear: Trump’s testing the limits of executive power, and the courts are starting to listen.
Rebecca Kelly Slaughter, once chief counsel to Senate Minority Leader Chuck Schumer, was a predictable target for Trump’s FTC purge. Her Democratic ties made her a lightning rod for conservatives who view the FTC as a playground for progressive agendas. Firing her was less about personal vendettas and more about reclaiming executive control.
The Supreme Court’s stay doesn’t guarantee Trump’s victory, but it’s a setback for those who think agency heads should be immune from presidential oversight. The left argues these protections ensure impartiality, but conservatives counter that they entrench unelected elites. It’s a debate about who really runs the government.
Kavanaugh’s concurring opinion in the CPSC case is a shot across the bow. He’s openly questioning Humphrey’s Executor, a ruling that’s been gospel for nearly a century. If the Court revisits it, the ripple effects could reshape federal agencies for decades.
The Supreme Court’s pause on Slaughter’s reinstatement buys time, but the clock’s ticking. Trump’s team is banking on a broader ruling that cements his authority to fire agency heads at will. If they win, expect more shake-ups across the federal bureaucracy.
“Indeed, the Supreme Court has twice in the last few months confirmed the President’s authority to remove the heads of executive agencies,” Desai said. His optimism assumes the Court will keep siding with Trump, but judicial patience for bold executive moves isn’t infinite. Lower courts, stung by Desai’s “defiance” jab, might dig in harder.
For now, Slaughter’s out, and Trump’s in the driver’s seat. The Supreme Court’s final ruling could either bolster presidential power or slap it down, leaving conservatives hopeful but cautious. One thing’s certain: this fight over who controls the FTC is just the opening act in a much bigger drama.
