Episode Details

Trump v. Slaughter | Case No. 25-332 | Oral Argument Date: 12/8/25 | Docket Link: Here

Question Presented: Whether Congress can require the President to show cause before removing commissioners of independent agencies, or whether Article II grants the President absolute removal power over all executive officers.

Overview

This episode examines a case that could trigger the most dramatic restructuring of federal power since the New Deal. President Trump removes FTC Commissioner Rebecca Slaughter without cause, challenging the constitutional foundation of independent agencies. The Court confronts whether two dozen independent agencies that control $47 trillion in economic activity can maintain protection from at-will presidential removal.

Episode Roadmap

Opening: Constitutional Crisis Brewing

• December 8th oral argument creates immediate urgency

• Potential elimination of independent agency protections

• Stakes include Federal Reserve, FTC, SEC, and two dozen other agencies

Housekeeping Matters

• Black Friday mailbag episode announcement

• December calendar overview with mega cases

• Thanksgiving week content roadmap

Constitutional Framework: Article II Powers

• "Executive Power shall be vested in a President" - Article II, Section 1

• Take Care Clause mandates faithful execution of laws

• Appointments Clause divides officers into principal and inferior classes

• Constitution grants no explicit removal authority

Background: The Slaughter Removal

• 1914: Congress creates FTC with removal protection for cause only

• 2018: Trump nominates Slaughter; Senate confirms unanimously

• 2024: Biden renominates; Senate again confirms unanimously

• March 2025: Trump fires Slaughter via email without cause

Procedural History: Courts Block Trump

• DC federal court grants summary judgment for Slaughter

• Courts issue injunctions preventing interference with duties

• Appeals courts affirm lower court rulings

• Supreme Court grants certiorari to resolve government structure crisis

Legal Arguments

President Trump's Constitutional Case

• Article II grants conclusive removal power over all executive officers

• "Decision of 1789" from First Congress supports absolute presidential authority

• Modern FTC exercises "quintessentially executive powers" unlike 1935 version

• Humphrey's Executor has become "doctrinal dinosaur" requiring overrule

Commissioner Slaughter's Defense

• Two centuries of congressional practice creating independent agencies

• Multimember structure prevents arbitrary decision-making and protects liberty

• Constitution requires no absolute removal power under Take Care Clause

• Historical tradition supports agency independence with cause requirements

Key Precedents Battle

• Humphrey's Executor (1935): Upheld FTC removal protections as quasi-legislative

• Recent cases confine Humphrey's without overruling: Free Enterprise Fund, Seila Law, Collins

• Historical precedents from founding era support both positions

Constitutional Stakes and Implications

If President Wins

• Every independent agency becomes at-will political appointment

• Regulatory whiplash could destabilize economic sectors

• Federal Reserve exception creates constitutional inconsistency

• Two dozen agencies face immediate restructuring

If Slaughter Wins

• Independent agencies maintain stabili