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Conservative Research Group

Independent Reporting · Est. 2020
BackPolitics

Supreme Court Grants Trump Sweeping Power to Fire Independent Agency Leaders in Historic Ruling

In a 6-3 decision overturning 90 years of precedent, the Court ruled presidents may remove commissioners from the FTC, SEC, NLRB, and 20+ other agencies at will.

Supreme Court Grants Trump Sweeping Power to Fire Independent Agency Leaders in Historic Ruling

The Supreme Court delivered President Trump the most significant expansion of executive authority in decades on June 29, ruling 6-3 that presidents may fire leaders of independent federal agencies at will—overturning nearly a century of precedent that had insulated regulators from political interference.

The landmark decision in Trump v. Slaughter specifically addressed Trump's March 2025 firing of Rebecca Slaughter, a Democratic Federal Trade Commissioner, but its implications extend to more than 20 independent agencies including the Securities and Exchange Commission, National Labor Relations Board, Consumer Financial Protection Bureau, and Federal Deposit Insurance Corporation.

Chief Justice John Roberts, writing for the conservative majority, declared that the Constitution's vesting of executive power in the president requires direct control over all agency officials. The ruling overturned Humphrey's Executor v. United States, a 1935 New Deal-era decision that had established Congress's authority to create independent agencies with commissioners removable only "for cause"—limited to misconduct or neglect of duty rather than policy disagreements.

The End of the Independent Administrative State

"The presidency just gained the most constitutional power, at any one time, in Slaughter than in any other single case in Supreme Court history," said John Yoo, former Justice Department official and constitutional law scholar at UC Berkeley. "There is no more independent administrative state."

The case originated when Trump removed Slaughter without citing any misconduct, stating only that her continued service was inconsistent with his administration's regulatory philosophy. Lower courts had initially blocked the firing, citing the statutory protections that require commissioners to serve fixed terms and be removed only for cause. The Supreme Court stayed those injunctions in September 2025 and heard oral arguments in December.

Justice Roberts's majority opinion, joined by Justices Clarence Thomas (with one exception), Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, rejected the argument that Congress could constitutionally limit the president's removal authority over agency heads exercising significant executive power. The opinion emphasized that the FTC's vast rulemaking, enforcement, and adjudicatory powers belong to the executive branch under Article II of the Constitution.

Federal Reserve Remains Protected

In a companion case decided the same day, Trump v. Cook, the Court narrowly limited the new removal power by ruling 5-4 that Trump could not fire Federal Reserve Governor Lisa Cook. The majority distinguished the Fed's monetary policy functions as uniquely requiring independence from short-term political pressures, preserving removal protections specifically for Federal Reserve governors.

Justice Gorsuch wrote a separate concurring opinion in Slaughter arguing that the decision should have gone further to question the constitutional legitimacy of agencies combining legislative, executive, and judicial functions—a critique that suggests potential future challenges to the administrative state's structure beyond just removal powers.

Liberal Justices Issue Dire Warning

In a sharply worded dissent, Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, condemned the ruling as "destabilizing" and warned it would undermine regulatory expertise and public trust. "For most of this Nation's history, Congress and the President together have decided that some Government functions should operate at a distance from partisan politics," Sotomayor wrote.

The dissent argued that independent agencies were created precisely to insulate expert decision-making from the political pressures of election cycles, and that the majority's ruling would transform agencies like the FTC, SEC, and NLRB into instruments of partisan policy shifts with each change of administration.

"Today's decision politicizes institutions that Americans depend on for consistent, expert regulation of markets, labor relations, and consumer protection," the dissent stated. "The American people will pay the price in regulatory chaos and diminished faith in government institutions."

Immediate Impact on Federal Agencies

The ruling creates immediate uncertainty for commissioners at multiple agencies. Legal analysts predict Trump could now remove Democratic commissioners from the FTC, NLRB, SEC, and other bodies before the end of their statutory terms, potentially flipping the partisan balance at agencies that have traditionally maintained bipartisan composition by design.

Employment law experts noted that the decision particularly affects the NLRB and Equal Employment Opportunity Commission, where commissioners have historically served full terms regardless of which party controls the White House. "Employers should expect more dramatic policy swings and less regulatory continuity," warned one labor law attorney who advises Fortune 500 companies.

Consumer advocacy groups expressed alarm about the potential politicization of the FDIC, which guarantees bank deposits up to $250,000. "The independence of bank regulators has been a cornerstone of financial stability since the New Deal," said one spokesperson for a consumer finance watchdog organization. "Putting that independence at the mercy of presidential politics invites disaster."

Conservative Celebration

Trump celebrated the ruling on Truth Social as a "BIG WIN for the American people" and a restoration of constitutional governance. Conservative legal scholars praised the decision as correcting a long-standing constitutional error that had allowed an unaccountable "fourth branch" of government to operate beyond democratic control.

"Humphrey's Executor was always constitutionally dubious," said one attorney with the Heritage Foundation. "The Court has finally recognized that accountability to the elected president is essential for legitimate exercise of executive power."

The decision represents the culmination of a decades-long conservative legal movement to rein in the administrative state and expand presidential control over the federal bureaucracy—a project that accelerated dramatically under the Trump administration's aggressive litigation strategy.