U.S. Supreme Court Oral Arguments Trump v. Slaughter
Dec 8, 2025
Mr. Huggaball / Mr. Agrawal, counsel defending FTC independence and precedent like Humphrey’s Executor. General Sauer, government counsel pressing for broader presidential removal power and overruling Humphrey’s Executor. They debate removal protections, scope of presidential authority, severability, historical practice, classification of mixed-function agencies, and risks to agency independence and constitutional structure.
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History And Liquidation Debate
- Justices pressed both advocates on historical evidence and how liquidated practices (post-1887) affect constitutional interpretation.
- The dialogue highlighted reliance on historical liquidation and contested readings of early practice.
Treat Federal Reserve As Unique
- Recognize some institutions are sui generis and may be exempt from bright‑line removal rules.
- Mr. Agrawal conceded the Federal Reserve raises unique historical and structural questions better addressed case-by-case.
Line‑Drawing Over Agency Functions
- The Court's questioning focused on functional lines: which agencies exercise uniquely presidential powers?
- Justices explored whether some entities (Article I courts, Federal Reserve) are sui generis exceptions.