The Supreme Court yesterday allowed President Trump to fire a Democratic member of the Federal Trade Commission and will decide whether to overturn a 90-year-old precedent that says the president cannot fire an FTC commissioner without cause.
Trump fired Commissioner Rebecca Kelly Slaughter in March with a notice that said her "continued service on the FTC is inconsistent with my administration's priorities." Trump did so despite the 1935 ruling in Humphrey's Executor v. United States, in which the Supreme Court unanimously held that the president can only remove FTC commissioners for inefficiency, neglect of duty, or malfeasance in office.
An appeals court reinstated Slaughter three weeks ago, with judges finding that "the government has no likelihood of success on appeal given controlling and directly on point Supreme Court precedent." But on September 8, Supreme Court Chief Justice John Roberts granted a stay that temporarily blocked the lower-court ruling against Trump.
