Utah Attorney Defends Supreme Court Ruling Expanding Presidential Power Over FTC

At a Federalist Society gathering in Salt Lake City, Utah’s U.S. attorney Melissa Holyoak defended the Supreme Court’s 6-3 June decision that affirmed President Donald Trump’s power to dismiss Federal Trade Commission commissioners without statutory cause. The case originated when Trump removed Democratic commissioners Alvaro Bedoya and Melissa Slaughter in 2025, prompting lawsuits and brief reinstatements by lower courts before the high court’s ruling.

Chief Justice John Roberts called the FTC a “headless fourth branch” and endorsed the unitary executive theory, granting the president final authority over agencies exercising executive power. Holyoak said the temporary reinstatements created “tremendous chaos” but that the FTC has operated under a unitary executive since, with Chairman Ferguson steering its agenda. Law professor and former Texas Solicitor General Aaron Nielson cautioned that the decision may invite future presidents to dominate multiple agencies unless further judicial limits are imposed. Justice Neil Gorsuch, in a concurrence, highlighted concerns about Congress delegating legislative and judicial powers to independent agencies, and the debate now turns to whether future presidents will continue appointing commissioners from the opposing party, affecting the FTC’s bipartisan balance.