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Roberts Halts Reinstatement of FTC Commissioner Amid Trump Challenge

By  |  September 8, 2025

The U.S. Supreme Court on Monday allowed former President Donald Trump to delay the return of a Democratic Federal Trade Commission member to her position, issuing a temporary pause on a lower court’s order that would have reinstated her. The decision gives the justices more time to weigh whether Trump has the authority to remove Rebecca Slaughter before her term ends, according to Reuters.

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    The pause, known as an administrative stay, was issued by Chief Justice John Roberts, who oversees emergency requests from Washington, D.C. Roberts also instructed Slaughter to provide a written response by next week. The move came after the Justice Department appealed a ruling from a lower court that blocked Trump’s attempt to remove her.

    Earlier, U.S. District Judge Loren AliKhan in Washington ruled that Trump’s effort to oust Slaughter violated federal protections designed to ensure the independence of regulatory agencies.

    Those protections were upheld by the U.S. Court of Appeals for the D.C. Circuit, which voted 2-1 in September to side with the lower court. Per Reuters, the appellate judges pointed to a 1935 Supreme Court case, Humphrey’s Executor v. United States, which held that presidents cannot freely dismiss FTC commissioners over policy disagreements.

    Read more: President Trump Seeks Supreme Court Approval to Fire FTC Commissioner

    The Trump administration, however, has argued in filings that the Federal Trade Commission now wields significantly greater authority than it did in 1935, making its members removable at the president’s discretion.

    This line of argument comes as the Court, with its 6-3 conservative majority, has consistently backed Trump administration requests this year to enforce policies stalled by lower courts, Reuters reported.

    In May, the Court issued a separate ruling reinforcing the president’s broad power to dismiss officials who carry out executive duties. The administration has since leaned on that precedent in seeking greater control over independent agencies like the FTC.

    Source: Reuters