Supreme Court cements Trump's power over agencies long considered independent

Supreme Court cements Trump's power over agencies long considered independent

The U.S. Supreme Court is seen on March 4, 2026 in Washington, D.C.

Kevin Dietsch/Getty Images North America


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Kevin Dietsch/Getty Images North America

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The U.S. Supreme Court on Thursday further overturned a 91-year old precedent that has prevented presidents from removing members of independent agencies at will. The decision represents a significant win for the Trump administration and a major expansion of the president’s control over parts of the government once seen as a check on his powers.

In a 6-3 ruling, the court found that President Trump’s March 2025 firing of Federal Trade Commissioner Rebecca Kelly Slaughter without cause was lawful.

Since its creation of the Federal Trade Commission (FTC) in 1914, Congress has held that commissioners can only be fired for “inefficiency, neglect of duty or malfeasance in office.” Slaughter was presented with no such reason for her removal, only told her “continued service on the FTC is inconsistent with [the Trump] Administration’s priorities.”

Last summer, a lower court found her firing was unlawful, citing a 1935 landmark decision known as Humphrey’s Executor, a case prompted by President Franklin D. Roosevelt’s attempted firing of an FTC commissioner over ideological disagreements. The court unanimously held that while the president has the power to remove purely executive officers for any reason, that unlimited power does not extend to agencies like the FTC, whose duties, the court found, “are neither political nor executive, but predominantly quasi-judicial and quasi-legislative.”

Rebecca Kelly Slaughter was appointed in 2018 to fill a Democratic seat on the Federal Trade Commission. She was fired by the Trump administration in 2024. Her case is going before the Supreme Court.

Rebecca Kelly Slaughter was appointed in 2018 to fill a Democratic seat on the Federal Trade Commission. She was fired by the Trump administration in 2024.

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Elizabeth Gillis/NPR

Writing for the majority, Chief Justice John Roberts wrote: “Although it is up to the Senate to decide whether to confirm those with whom the President would prefer to work, neither Congress nor the courts may saddle him with those with whom he cannot work. Subordinates who exercise the President’s power are subject to removal by him. Then, and only then, can they remain accountable to the President, and the President to the people.”

The three liberal justices dissented.

The independence of the Federal Reserve remains intact — for now. The Supreme Court ruled 5-4 that Lisa Cook, a member of the Federal Reserve board of bovernors, can remain in her job until litigation is resolved in the lower courts.

A final/near final blow to a 91-year-old precedent

Thursday’s decision marks a final blow to Humphrey’s Executor.

“If anything more is left of Humphrey’s, the Court overrules it,” Robert wrote in the majority opinion.

During Trump’s first term, the Supreme Court chipped away at the precedent when it let Trump fire the head of another independent agency, the Consumer Financial Protection Bureau (CFPB).

In that case, the Supreme Court held that the firing was permissible because the CFPB is run by a single director rather than a multimember board. Chief Justice John Roberts described Humphrey’s Executor as applying only to multimember agencies “that do not wield substantial executive power.”

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