A new amicus brief filed in Donald J. Trump v. Rebecca Kelly Slaughter, et al. asks the U.S. Supreme Court to uphold Congress’s authority to create independent federal agencies whose leaders cannot be fired by the president at will or without cause.

The brief warns that allowing presidents to remove agency officials without cause would undermine the independence of government agencies like the Federal Trade Commission (FTC), which rely on neutral, expert decision-making to enforce laws and protect consumers. Submitted by Democracy Defenders Fund, Justice Legal Strategies, and  Dilworth Paxson LLP, the amicus brief notes that federal agency independence has been recognized by courts for nearly 90 years, dating back to the Supreme Court’s 1935 decision in Humphrey’s Executor v. United States, which affirmed that Congress may require presidents to show cause before removing agency leaders.

Weakening removal protections could destabilize not only the FTC but also other independent bodies across government, the brief warns. It also emphasizes that courts must be able to provide remedies when a president violates statutory removal limits.

“By now, it’s clear that Donald Trump’s primary goal is to mold the federal government into his personal fiefdom,” said Norm Eisen, executive chair of Democracy Defenders Fund. “He has aggressively sought to fire career civil servants and replace them with loyalists who will do his bidding. This case is about protecting independent career public servants so they can do their jobs on behalf of the American people — no matter which party holds the presidency. And it’s about preserving the fundamentals of our democracy, including our system of checks and balances.”

The case stems from President Trump’s March 2025 attempt to fire FTC Commissioners Rebecca Slaughter and Alvaro Bedoya without cause. Slaughter sued, arguing her removal violated the FTC’s enabling statute. A lower court and appellate court agreed, ruling her dismissal illegal and reinstating her. The Supreme Court agreed to hear the case and, for now, allowed Slaughter’s termination to stand.

“Congress designed certain agencies to operate independently for a reason,” said Tianna Mays, legal director of Democracy Defenders Fund. “These protections ensure that decisions about consumer protection, antitrust enforcement, mortgage interest rates, and other critical functions are made based on law and expertise — not politics. Weakening them would let any president put his agenda above the public interest and undermine agencies independence and democracy.”

Read the amicus brief HERE

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Democracy Defenders Fund brings together a nonpartisan team to work with national, state, and local allies across the country to defend in real-time the foundations of our democracy.