Supreme Court leans toward Trump on agency dismissal powers

 December 8, 2025

The Supreme Court seems ready to hand President Donald Trump a major win in his push to reshape federal agencies by firing officials without jumping through bureaucratic hoops.

NBC News reported that this case considers whether Trump can dismiss Federal Trade Commission (FTC) member Rebecca Kelly Slaughter, a Democrat, without cause, despite a century-old law designed to shield such positions from political whims.

This legal showdown, argued on a recent Monday before a 6-3 conservative majority, isn’t just about one commissioner—it’s a battle over whether presidents should wield broader authority over so-called independent agencies.

Challenging the Old Guard of Governance

Since taking office in January, Trump has made no secret of his desire to overhaul federal agencies, slashing staff, withholding funds approved by Congress, and targeting career employees he views as obstacles.

His administration’s legal argument hinges on the “unitary executive theory,” asserting that Article 2 of the Constitution grants the president sole control over executive functions, including regulatory decisions.

Groups like the U.S. Chamber of Commerce and MAGA supporters cheer this move, decrying agencies as part of a shadowy “deep state” that evades direct accountability to elected leaders.

During the arguments, conservative justices appeared largely aligned with Trump’s position, with few showing any inclination to budge, though Justice Amy Coney Barrett raised questions about where to draw the line on presidential power.

Justice Brett Kavanaugh didn’t mince words, stating, “They're not elected as Congress and the president are and are exercising massive power over individual liberty and billion-dollar industries,” pointing to the unchecked influence of independent agencies.

His critique cuts to the heart of a conservative frustration: why should unelected bureaucrats hold sway over policies that impact everyday Americans, without answering directly to the White House?

Liberal Justices Push Back Hard

The Court’s liberal wing, predictably, stood united in opposition, with Justice Sonia Sotomayor warning, “You're asking us to destroy the structure of government and to take away from Congress its ability to protect its idea that the government is better structured with some agencies that are independent.”

While her concern for congressional intent is noted, one might ask if clinging to outdated structures serves the public or just entrenches unaccountable power—surely a fair question in today’s fast-moving world.

The 1914 law at issue limits FTC removals to cases of “inefficiency, neglect of duty, or malfeasance,” a standard Trump’s team argues stifles executive oversight.

A ruling for Trump could upend not just the FTC—currently down to two Republican-appointed commissioners after Trump’s firings—but also other agencies like the Consumer Product Safety Commission and the Equal Employment Opportunity Commission, where he’s already dismissed officials.

Even the Library of Congress and the U.S. Institute of Peace haven’t escaped his reach, with recent board removals backed by an appeals court, showing the sweeping scope of this power play.

While progressive voices lament this as an overreach, supporters argue it’s high time for a government that answers to the people through their elected leader, not a labyrinth of insulated regulators—though finding the right balance remains a thorny issue.


About Maria Reese Paul

Maria is a staff writer covering conservative politics, policy, and culture with a focus on Washington’s most pressing debates for Heritage Review. She is Passionate about amplifying voices often overlooked in mainstream media.

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