Quo Vadis—Federal Trade Commission? Chief Judge Susan Braden on the Future of the FTC after Slaughter

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 unconstitutional and explicitly overruled Humphrey’s Executor. Braden argues the ruling will ripple across administrative law by treating agencies with authority to file lawsuits on behalf of the United States as executive agencies subject to presidential control, and by limiting “independent” agencies to advisory roles.

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• Judge Braden’s paper on the future of the FTC
• Adam White’s analysis of Slaughter and Cook in SCOTUSblog