Fighting the consolidation of power and illegal FTC purge

Slaughter et al v Trump et al

locked university gate represents constraints on free speech and academic freedom

Protect Democracy, along with co-counsel, filed suit on behalf of Federal Trade Commission (FTC) Commissioner Rebecca Kelly Slaughter, challenging the Trump administration’s illegal attempt to remove her without cause. The administration’s move is part of a broader effort to eliminate independent agencies and consolidate presidential power, threatening not only the separation of powers but also the economic welfare and safety of all Americans. Now, the Supreme Court will decide the fate of FTC independence, in a case that is likely to have reverberations well beyond the specific agency.

Background

Background

For nearly a century, Supreme Court precedent has protected agencies like the Federal Reserve, the FTC, and around two dozen other critical independent agencies from political interference. Left unchecked, by firing commissioners without any legal justification and before their Senate-confirmed terms end, the Trump Administration’s actions will:

  • Allow presidents of any political party — Democrat or Republican — to appoint political cronies to lead agencies instead of subject-matter experts, as Congress intended
  • Weaken consumer protections by allowing political appointees to rubber-stamp corporate mergers that raise prices and cut wages
  • Destabilize the economy by opening the door for the future president to fire Federal Reserve officials and manipulate monetary policy for political gain at the expense of the health of the U.S. economy
  • Turn independent regulators into political weapons, threatening fair competition, investor confidence, and economic stability

What’s at Stake

This lawsuit isn’t about party politics — it’s about ensuring that experts, not political loyalists, make critical economic decisions that impact businesses, markets, and everyday Americans. And it’s about preventing the sort of corruption that enriches the few at the expense of the many.

FTC Commissioner Rebecca Kelly Slaughter explains why this fight should matter to every American:

The Federal Trade Commission catches scammers, prevents monopolies, and stops landlords from padding your rent bill with junk fees. We make rules that require tech companies to protect children’s privacy online. We promote competition in the pharmaceutical industry to drive prices down. And we can do all of this because the FTC can’t be bought with campaign contributions or bullied by politicians.

If you buy groceries, fill up your gas tank, or pick up a prescription, and you care about inflation and economic fairness, this is your lawsuit, too.

Rebecca Kelly Slaughter, FTC Commissioner

The Legal Fight

The lawsuit, originally filed in the U.S. District Court for the District of Columbia and now pending before the Supreme Court, argues that the president’s actions are illegal and violate long-standing legal protections for independent agencies like the FTC.

The FTC was created in 1914 to protect Americans from unfair, deceptive, and fraudulent business practices. Congress explicitly barred presidents from firing commissioners without cause to ensure these agencies can operate with integrity and deploy their expertise for the general welfare of all Americans–as opposed to being pressured by short-term political needs.

In 1935, the Supreme Court unanimously decided that a president cannot fire an FTC commissioner without cause. Yet, despite 90 years of Supreme Court precedent, the Trump Administration has unilaterally declared that Humphrey’s Executor — the landmark case affirming the FTC’s independence — is no longer valid.

The Bottom Line

The law is clear: The president cannot fire an FTC commissioner without cause. This is an illegal attempt to strip Congress of its authority to prevent independent agency commissioners from becoming political lapdogs for the president of either party. Indeed, if this illegal move is allowed to stand, any future president — Democrat or Republican — could use this power to reward political allies and to silence dissenting voices.

This fight is bigger than the FTC. It’s about defending the separation of powers and basic rule of law, and ensuring that independent agencies can continue to focus on protecting the safety and welfare of the American people.

Plaintiffs

Plaintiff

  • Rebecca Kelly Slaughter
Defendants

Defendants

  • Donald J. Trump, President of the United States
  • Andrew N. Ferguson, Chair of the Federal Trade Commission
  • Melissa Holyoak, Commissioner of the Federal Trade Commission
  • David B. Robbins, Executive Director of the Federal Trade Commission
Case Documents

Case Documents

Featured Press

Featured Press

FTC commissioner that Trump fired can temporarily stay, appeals court rules

Sept. 2, 2025
A federal appeals court ruled that Rebecca Kelly Slaughter, a Federal Trade Commission commissioner that President Donald Trump fired, can be temporarily reinstated in an order Tuesday.
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Independent Agencies Never Stood a Chance Under Trump

March 27, 2025
Today, the two fired FTC commissioners sued Trump, arguing that the dismissals violated federal law. A spokesperson for the White House said in a statement that “the Trump administration operated within its lawful authority” in firing the commissioners.
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Democratic FTC members file suit challenging their firing by Trump

March 27, 2025
The lawsuit sets up a court battle over the extent of presidential authority that legal experts expect will ultimately reach the Supreme Court.
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