What's at Stake in Justices' Merits Hearing of FTC Firing

Consumer Protection Defense and Compliance attorney Anthony DiResta, along with Labor and Employment attorney Timothy Taylor, co-authored a Law360 article examining the U.S. Supreme Court's decision to hear on the merits whether the president may remove Federal Trade Commission (FTC) commissioners without cause. The authors review the court's stay of an order reinstating former Commissioner Rebecca Slaughter and trace the historical foundation for the issue in Humphrey's Executor. They assess the potential consequences if that precedent is narrowed or overturned, including expanded presidential control over independent agencies, reduced institutional independence, shifting litigation dynamics and broader implications for separation of powers. The piece also flags key questions the justices may address, from the scope of "for cause" protections to how any ruling could affect other independent regulators.

The attorneys also published a Holland & Knight alert on this topic.

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