Sonia Sotomayor Questions Attorney on FTC Powers and For-Cause Removal

Oral Arguments in Trump v. Slaughter

• 🎯 The discussion centers on oral arguments for Trump v. Slaughter, specifically concerning the structure and powers of the Consumer Financial Protection Bureau (CFPB).
• 💡 Justice Sotomayor questioned the Respondent's attorney, Amit Agarwal, regarding his proposed solutions to the perceived expansion of government powers.

Precedent and FTC Powers

• ⚖️ The attorney argued that existing longstanding precedent supports the current structure, unlike the CFPB's anomalous nature which was deemed a threat to individual liberty.
• 📈 The Chief Justice inquired if the FTC's additional powers create a different situation, to which the attorney agreed that most original powers remain the same.
• ⚠️ A potential difference identified is that FTC cease and desist orders now have immediate binding effect.

Proposed Solutions and Severability

• 🔑 If the FTC is wielding powers that inappropriately trench on authority, the proposed solution is not to eliminate for-cause removal but to eliminate the individual power itself.
• 📄 The attorney confirmed that this proposition is supported by an authority cited by petitioners.
• ❓ The parties have not briefed severability at the merit stage, and the court may consider supplemental briefing or remanding to the district court to decide this issue.