The United States Supreme Court has agreed to take up a case that addresses whether President Donald Trump may fire a Democratic member of the Federal Trade Commission (FTC) despite congressional job protections for the post.
The high court announced its decision on Monday, effectively allowing Rebecca Slaughter to remain barred from her office at the consumer protection and antitrust agency while the case is ongoing.
Earlier this month, the Supreme Court granted an emergency stay that similarly upheld Trump’s ability to fire Slaughter, if temporarily.
The stay overturned a decision by Washington, DC-based US District Judge Loren AliKhan that had shielded the FTC commissioner from being dismissed before her term expired.
Chief Justice John Roberts on September 8 paused AliKhan’s order – allowing Trump to keep Slaughter out of her post – to give the court more time to consider the administration’s request concerning the judge’s order.
The dispute centres on the Republican president’s power to dismiss government agency heads covered by removal protections that Congress put in place to give certain agencies a degree of independence from presidential control.
Federal law permits a president to remove FTC commissioners only for cause – such as inefficiency, neglect of duty or malfeasance in office – but not for policy differences. Similar protections cover officials at other independent agencies, including the National Labor Relations Board and Merit Systems Protection Board.
