A stunned Supreme Court chamber echoed with Solicitor General D. John Sauer’s plea on December 11, 2025, as he urged the justices to grant President Donald Trump broad authority to fire independent agency heads like FTC Commissioner Rebecca Slaughter without cause, in a case testing the limits of executive power.
The argument in Trump v. Consumer Financial Protection Bureau et al. consolidated challenges to removal restrictions for heads of agencies like the FTC, CFPB, and NLRB. Sauer, representing the administration, contended Congress unconstitutionally insulated officials performing executive functions, violating Article II’s vesting of executive power in the president. “The president must have unrestricted removal authority over officers executing his laws,” Sauer argued, voice steady amid tense silence.
Liberal justices—Sotomayor, Kagan, Jackson—pressed on agency independence traditions; conservatives appeared sympathetic, with Thomas and Alito questioning “multi-member insulation.” Roberts and Barrett sought middle ground, probing severability if restrictions fall.
Slaughter, an FTC commissioner since 2021, became a focal point: Trump sought her removal over antitrust actions against tech firms. A ruling for Trump could upend decades of precedent (Humphrey’s Executor, 1935), allowing at-will firings of “independent” officials.
The case, fast-tracked after lower court splits, could reshape administrative state governance. A decision expected by June 2026. As Sauer concluded, the chamber’s silence underscored stakes: executive power unbound, or checks preserved?
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