The Supreme Court just ruled that presidents have the constitutional right to fire federal agency commissioners at will — ending a 91-year legal shield that let unelected bureaucrats operate beyond the reach of voters.
Story Highlights
- The Supreme Court ruled 6-3 in Trump v. Slaughter that for-cause removal protections for Federal Trade Commission (FTC) commissioners are unconstitutional.
- The ruling overturns Humphrey’s Executor v. United States, a 1935 precedent that had protected so-called “independent” agency heads from presidential removal for 91 years.
- Chief Justice John Roberts wrote that the president must be able to remove subordinates who exercise executive power — or he cannot be held accountable to the American people.
- The decision could affect other independent agencies, including the Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB).
What the Court Decided
On June 29, 2026, the Supreme Court ruled 6-3 that Congress cannot protect FTC commissioners from being fired by the president. The case began when President Trump removed two Democrat FTC commissioners — Rebecca Slaughter and Alvaro Bedoya — citing policy disagreements.
The fired commissioners sued, arguing that federal law allowed removal only for cause, such as neglect or misconduct. The Court rejected that argument and ruled the law itself was unconstitutional.
Chief Justice Roberts wrote plainly: “What text, history, and structure settle, our precedent confirms — the President may remove his subordinates at will.”
The majority found that FTC commissioners “unquestionably exercise executive power” by filing civil suits, issuing rules, and deciding cases. Because that power belongs to the executive branch, the president must be able to control — and remove — those who use it.
A 91-Year Legal Fiction Comes to an End
The 1935 ruling in Humphrey’s Executor v. United States had let Congress label certain agencies “independent” and shield their leaders from presidential removal.
For decades, that label became a way to park unelected regulators beyond the reach of any president. The Court in 2026 called that arrangement a “legal fiction” — one that was always out of step with how these agencies actually operated.
6 conservative Supreme Court Justices have increased Trump's power over independent federal agencies.
This ruling allows Trump to fire Democratic appointee and former FTC Commissioner Rebecca Slaughter. pic.twitter.com/CDu1FKfuEg
— Headquarters (@HQNewsNow) June 29, 2026
Roberts wrote that independent agencies are not truly independent — they still exercise power that belongs to the executive branch. “Neither Congress nor the courts may saddle him with those with whom he cannot work,” the majority stated. For the president to be accountable to voters, he must be able to supervise and remove the people carrying out his constitutional duties.
What This Means Going Forward
The ruling does not eliminate any agency or strip it of its legal authority. The FTC, EEOC, National Labor Relations Board (NLRB), and similar bodies retain the authority to regulate, investigate, and enforce the law.
What changes is who controls the people running those agencies. Going forward, commissioners at agencies that exercise executive power serve at the president’s pleasure, not Congress’s.
The decision may reach beyond the FTC. Legal experts say agencies like the EEOC and NLRB could face the same outcome if challenged. One notable exception emerged in a companion case, Trump v. Cook, where the Court recognized a special historical carve-out protecting Federal Reserve Board governors from at-will removal — preserving the Fed’s independence for now.
Three liberal justices dissented sharply, with Justice Sonia Sotomayor warning the ruling gives the president “far greater power than ever before.” But the majority held firm: the Constitution puts executive power in one place — the presidency — and the president must be able to control those who wield it.
Sources:
abcnews.com, appellate.net, npr.org, yalejreg.com, sidley.com
