Chief Justice Roberts Grants Trump Temporary Win in FTC Commissioner's Removal Case
September 8, 2025
Chief Justice John Roberts issued an administrative stay allowing President Trump to remove FTC commissioner Rebecca Slaughter, signaling a potential shift away from the long-standing Humphrey's Executor precedent that protected independent agency members from removal without cause.
This stay, which delays Slaughter's reinstatement following a divided federal appeals court decision, marks a temporary win for the Trump administration amid ongoing litigation.
The case, which challenges the constitutionality of the 1914 law used to remove FTC commissioners, could significantly expand presidential power over independent agencies if the Supreme Court rules in favor of Trump.
Slaughter's lawyers argue her continued service poses no harm and emphasize her role as the sole Democratic member of the FTC, while the Justice Department supports Trump's effort to fire her.
Legal experts widely condemn Roberts's decision, viewing it as a departure from judicial restraint and a potential undermining of the rule of law, raising concerns about judicial overreach.
The decision has sparked criticism for overturning long-standing legal precedent and bypassing traditional legal processes, fueling fears of erosion in judicial independence.
This incident is part of broader concerns about the Supreme Court's increasing use of the shadow docket to make significant legal decisions without full hearings, impacting the balance of power.
Recent comments from Justices Gorsuch and Kavanaugh criticizing lower courts for ignoring Supreme Court rulings highlight ongoing tensions within the judiciary.
The case underscores ongoing disputes over executive and judicial power, with some judges defying or undermining Supreme Court authority, affecting the rule of law.
Roberts's use of the shadow docket to issue the stay without detailed reasoning sets a troubling precedent for bypassing judicial review and normal legal processes.
The Supreme Court's decision effectively prevents Slaughter's reinstatement during ongoing litigation, with the case now heading toward a potential landmark ruling on presidential authority.
Meanwhile, Trump continues to politicize other issues, such as claiming credit for Biden-era infrastructure projects funded by the Bipartisan Infrastructure Law, despite his previous opposition.
Summary based on 30 sources
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Sources

The Guardian • Sep 8, 2025
US supreme court allows Trump to remove Democrat from FTC post for now
Yahoo News • Sep 8, 2025
Chief justice lets Trump remove member of Federal Trade Commission for now
Newsweek • Sep 8, 2025
John Roberts' Order Gives Donald Trump a Supreme Court Boost in FTC Firing Dispute