"continued service on the FTC is inconsistent with my Administration's priorities."
"illimitable power of removal is not possessed by the President,"
"Over the ensuing decades - and fully informed of the substantial executive power exercised by the Commission - the Supreme Court has repeatedly and expressly left Humphrey's Executor in place, and so precluded Presidents from removing Commissioners at will. To grant a stay would be to defy the Supreme Court's decisions that bind our judgments. That we will not do."
The White House removed FTC Commissioner Rebecca Kelly Slaughter, citing that her continued service was inconsistent with Administration priorities. The Federal Trade Commission Act permits removal of a commissioner only for inefficiency, neglect of duty, or malfeasance. The 1935 Humphrey's Executor decision held that the President does not possess unlimited removal power and that commissioners can be removed only for cause. Slaughter sued and a district judge ordered her reinstated. A D.C. Circuit panel denied a stay, citing Humphrey's Executor, and Chief Justice John Roberts then temporarily blocked the lower court's reinstatement order while the case proceeds.
Read at Truthout
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