Jul 13, 2026 · 36 min · 10 segments
**Adam White** hosts Chief Judge **Susan G. Braden** (Ret.) to discuss the Supreme Court’s decision in *Trump v. Slaughter*, which held the Federal Trade Commission’s statutory independence…
Susan G. BradenGuest
Adam WhiteHost
What's your reaction to the slaughter decision? I presume nobody listening to this podcast needs to know the nuts and bolts of what was decided.
particularly since the chief justice during oral argument referred to the Humphreys executor case, which was front and center of the consideration by the court, as a dry husk.
But in my judgment, slaughter actually is probably one of the most important decisions of the term, if not the most.
First, the majority opinion states that the lawsuit is the ultimate remedy for a breach of law, and it is to the president, not the Congress, that the Constitution entrusts the responsibility to take care that the laws be faithfully executed.
I would point out in my article that you can find them all with the citations of footnote 77.
And thus, the majority of the decision primarily points out that the FTC today, and for quite some time, has been an executive agency in how it functions.
As such, the president has authority over the FTC commissioners and the agency's employees.
But the import of this is that consequently, not only the FTC, but all federal agencies that have authority to file a lawsuit on behalf of the United States, are now executive agencies.
Second, the majority opinion further states that Congress can establish independent agencies if it wants to, but they can only assist Congress with their functions.
What's your reaction to the slaughter decision? I presume nobody listening to this podcast needs to know the nuts and bolts of what was decided.
particularly since the chief justice during oral argument referred to the Humphreys executor case, which was front and center of the consideration by the court, as a dry husk.
But in my judgment, slaughter actually is probably one of the most important decisions of the term, if not the most.
First, the majority opinion states that the lawsuit is the ultimate remedy for a breach of law, and it is to the president, not the Congress, that the Constitution entrusts the responsibility to take care that the laws be faithfully executed.
I would point out in my article that you can find them all with the citations of footnote 77.
And thus, the majority of the decision primarily points out that the FTC today, and for quite some time, has been an executive agency in how it functions.
As such, the president has authority over the FTC commissioners and the agency's employees.
But the import of this is that consequently, not only the FTC, but all federal agencies that have authority to file a lawsuit on behalf of the United States, are now executive agencies.
Second, the majority opinion further states that Congress can establish independent agencies if it wants to, but they can only assist Congress with their functions.
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