Supreme Court ends 90 years of FTC independence in 6-3 ruling
The court's 6-3 decision in Trump v. Slaughter overturns Humphrey's Executor — the 1935 precedent that shielded independent agency commissioners from presidential removal — placing the FTC, NLRB, FCC, and FEC under direct executive control. With FTC Chair Andrew Ferguson already rebranding the agency the "Trump-Vance Commission," M&A review timelines and data-privacy enforcement priorities will now swing with each administration — a structural shift for any global platform operating under US antitrust oversight.
Source: theverge.com ↗
Although it is up to the Senate to decide whether to confirm those with whom the President would prefer to work, neither Congress nor the courts may saddle him with those with whom he cannot work.
Chief Justice John Roberts
Why this matters
- → FTC enforcement priorities now shift with each president, destabilizing M&A review timelines.
- → Precedent sheltering independent agencies from removal dismantled after 90 years.
- → Executive power expands across FCC, NLRB, FEC, and consumer-protection bodies.
Executive power surge