Sept. 22 (UPI) — The U.S. Supreme Court agreed Monday to revisit a 90-year precedent, preventing presidents from removing independent regulators without just cause. The high court, which is scheduled to hear the case in December, will allow President Donald Trump‘s firing of Federal Trade Commissioner Rebecca Slaughter to move forward.
The case centers on Trump’s attempt to remove Slaughter, who has been with the FTC since 2018. While a decision is not expected until next summer, the court order allows Trump to fire Slaughter despite dissents from the court’s liberal judges.
“Our emergency docket should never be used, as it has been this year, to permit what our own precedent bars,” wrote Justice Elena Kagan, who was also joined by Justices Sonia Sotomayor and Ketanji Brown Jackson.
“Still more, it should not be used, as it also has been, to transfer government authority from Congress to the president, and thus to reshape the nation’s separation of powers,” Jackson added.
Earlier this month, Chief Justice John Roberts issued a brief administrative stay to an order by a district court that found Trump’s firing of the democratic FTC commissioner was illegal.
Attorney General Pam Bondi applauded Monday’s decision, saying it “secures a significant Supreme Court victory, protecting President Trump’s executive authority.”
“In a 6-3 decision, the Court stayed a lower court ruling which prevented the president from firing a member of the FTC’s board,” Bondi wrote Monday in a post on X. “This helps affirm our argument that the president, not a lower court judge, has hiring and firing power over executive officials.”
Trump fired Slaughter and another Democratic FTC commissioner, Alvaro Bedoya, in March. Slaughter sued Trump of illegally firing her without just cause, despite congressional protections.
“It is of imperative importance that any doubts concerning the constitutionality of traditional independent agencies be resolved promptly,” Slaughter’s lawyers wrote in court.
The Supreme Court’s 1935 decision, Humphrey’s Executor v. United States, upheld the FTC’s protections from removal as constitutional.
The Supreme Court has also allowed Trump to fire National Labor Relations Board member Gwynn Wilcox and Merit Systems Protection Board member Cathy Harris.