Trump v. Slaughter, Part 1: How We Got Here

In this episode, Gwen and Marc explore the road leading to Trump v. Slaughter, the Supreme Court case that places the very existence of independent agencies under constitutional scrutiny. After two episodes explaining why independent agencies exist and how they function, they turn to the core question now before the Court: can Congress insulate agency officials from at-will presidential removal?

They walk through the events that brought this case to the Supreme Court, beginning with President Trump’s Inauguration Day decision to remove FTC Commissioner Rebecca Kelly Slaughter—an action taken without any allegation of misconduct and in tension with long-standing precedent from Humphrey’s Executor. They explain how the lower courts responded, why the Supreme Court took the case early, and what is at stake for agencies like the FTC, SEC, NLRB, and even the Federal Reserve.

Along the way, Gwen and Marc revisit key administrative law cases, foundational constitutional theories, and the structural arguments both sides bring to the table. This episode takes listeners from the historical background and statutory framework all the way to the moment oral arguments begin.

This is Part 1 of a two-episode series. Part 2 covers the oral argument itself, the justices’ questions, and the potential outcomes the Court is weighing.

What They Cover in This Episode

• The statutory and constitutional background of independent agencies
• What happened on Inauguration Day and why it mattered
• Humphrey’s Executor and 90 years of precedent
• The district court and D.C. Circuit rulings
• Why the Supreme Court took the case before judgment
• Trump’s argument under Article II and the unitary executive theory
• Slaughter’s argument grounded in history, structure, and congressional design
• How multi-member commissions differ from single-director agencies
• What’s at stake for the modern administrative state
• The framework for understanding the oral argument in Part 2