Sept. 4 (UPI) — The Justice Department has asked the Supreme Court to allow President Donald Trump to fire a member of the Federal Trade Commission without cause, a direct challenge to a 90-year-old precedent that limits political influence on such agencies.
Trump attempted to fire to Democratic commissioners, Rebecca Kelly Slaughter and Alvaro Bedoya in March. Both challenged the move, but Bedoya later dropped out of the case.
Solicitor General John D. Sauer said in the most recent court filing that the commission has more power now than it did at its inception, implying support for Trump’s ability to fire Slaughter by exercising his presidential authority under Article 2 of the Constitution.
“In this case, the lower courts have once again ordered the reinstatement of a high-level officer wielding substantial executive authority whom the President has determined should not exercise any executive power, let alone significant rulemaking and enforcement powers,” Sauer wrote.
Sauer asked the high court to expedite the case, sidestepping any more action by lower courts.
Slaughter remains listed as an active commissioner on the FTC’s website.
This move is the latest in a series of efforts by Trump to remove members of other independent federal agencies, which the Supreme Court has approved.
A 1914 law that established the agency said members of independent commission can only be removed from “inefficiency, neglect of duty, or malfeasance in office.”
Slaughter was appointed to the commission in 2018. Bedoya was originally appointed by Trump the same year. President Joe Biden re-appointed her in 2024.