Supreme Court showdown over FTC commissioner’s firing could reshape regulatory independence

According to The Verge, 40 consumer advocacy and tech groups including the Consumer Federation of America and Electronic Privacy Information Center filed an amicus brief today supporting former FTC Commissioner Rebecca Kelly Slaughter, who was fired without cause by the Trump administration in March. The Supreme Court case, scheduled for oral arguments on December 8th, could overturn the 90-year-old Humphrey’s Executor precedent that prevents presidents from firing independent commissioners without cause. The groups argue that eliminating this protection would politicize agencies like the FTC and make them vulnerable to industry lobbying. Slaughter has been fighting her dismissal for months and was briefly reinstated twice before the Supreme Court blocked a lower court’s reinstatement order in September. Her colleague Alvaro Bedoya, who ultimately resigned in June, is also challenging the legality of his removal.

Bigger than one job

Here’s the thing – this case isn’t really about Rebecca Kelly Slaughter keeping her job. It’s about whether independent regulatory agencies can actually remain independent. The brief makes this crystal clear, arguing that protections like for-cause removal ensure decisions are “made by experts, not pure partisans.” Basically, we’re talking about the fundamental structure of how our government regulates everything from consumer safety to privacy to fair competition.

And the timing here is crucial. This isn’t happening in isolation – we’ve seen similar attempts to remove Democratic commissioners at the Consumer Product Safety Commission and National Labor Relations Board. After Trump announced these removals, the FTC actually instructed staff to stop referring to the agency as “independent.” That tells you everything about how significant this power struggle really is.

What’s at stake

The consumer groups point to the FAA and Food Safety and Inspection Service as cautionary tales of what happens when agencies become too cozy with industry. Their brief states these agencies “have too often succumbed to industry domination, leading to regulatory failures that cost lives and erode public trust.” That’s not exactly subtle language.

Think about it – if presidents can fire commissioners simply because they don’t like their regulatory approach, what stops every administration from purging agencies and installing yes-men? The whole point of independent agencies is that they’re supposed to make decisions based on evidence and expertise, not political convenience. We’re talking about the backbone of consumer protection here.

Industrial implications

While this case focuses on regulatory independence, the outcome could ripple through every sector that deals with federal oversight. For manufacturing and industrial operations that rely on consistent regulatory frameworks, uncertainty at agencies like the FTC creates real business challenges. Companies need predictable rules to invest in compliance and innovation.

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What happens next

All eyes will be on the Supreme Court when oral arguments begin December 8th. This could genuinely reshape how federal regulation works in America. Overturning a 90-year precedent isn’t something the Court does lightly, but we’ve seen them willing to reconsider longstanding rulings recently.

The real question is whether the justices see this as a narrow employment dispute or recognize it as a fundamental challenge to the structure of independent agencies. Given that similar fights are playing out at multiple agencies, the outcome here could set the template for years to come. And honestly, that should concern anyone who cares about evidence-based regulation.