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# Supreme Court Poised to End 90-Year Independent Agency Shield

The Supreme Court is set to rule on Trump v. Slaughter, a case that could overturn Humphrey's Executor and strip independent agencies of removal protections dating to 1935.

MAY 14, 2026 · WASHINGTON, DISTRICT OF COLUMBIA, UNITED STATES · TRUMP V. SLAUGHTER, SCOTUS PENDING RULING ON INDEPENDENT AGENCY REMOVAL POWER

The Supreme Court is expected to issue a ruling imminently in *Trump v. Slaughter*, a case that could fundamentally alter the president's authority to remove members of independent federal agencies [1]. The decision, which observers anticipate could arrive within days, would resolve whether the president may dismiss commissioners of agencies such as the Federal Trade Commission, the National Labor Relations Board, and the Equal Employment Opportunity Commission at will, without the statutory cause-based protections those agencies have long relied upon [1].

The case arises from President Trump's attempted removal of FTC Commissioner Rebecca Slaughter, who contested the firing and challenged the administration's authority to oust her outside the grounds specified in the FTC Act [2]. The justices heard oral argument on December 4, 2025, and reporting from that session indicated a majority appeared receptive to the administration's position that the president retains broad, if not unlimited, removal authority over principal officers in the executive branch [2]. Solicitor General D. John Sauer argued the government's position before the Court [2]. With 35 decisions still pending this term, the ruling is among the most closely watched remaining on the docket [1].

At the center of the case is *Humphrey's Executor v. United States*, the 1935 precedent that upheld Congress's power to limit presidential removal of FTC commissioners to defined statutory causes [2]. A decision overruling or substantially narrowing *Humphrey's Executor* would dismantle the doctrinal foundation that dozens of independent agencies have used for nine decades to insulate their members from direct presidential control [2]. The practical consequences would extend to the NLRB, the Merit Systems Protection Board, and other multi-member bodies whose structures rest on the same legal premise [1] [2].

The ruling would rank among the most consequential administrative-law decisions in a century, reshaping the regulatory landscape across securities, labor, consumer protection, and antitrust enforcement [1]. Should the Court hold that the president may remove agency heads without cause, affected agencies could face immediate uncertainty about the tenure of sitting commissioners and the legal durability of pending rulemakings and enforcement actions [2]. Congress could respond legislatively, though any such effort would face significant political headwinds. Final opinions for the current term are due by late June.

References

[1]The Hill / The Gavel. (2026, May 14). Supreme Court opinion season is coming: Here are the biggest cases. https://thehill.com/newsletters/the-gavel/5874668-supreme-court-decision-guide/
[2]NBC News. (2025, December 9). Supreme Court appears poised to rule for Trump on independent agency firings. https://www.nbcnews.com/politics/supreme-court/trumps-battle-independent-agencies-back-supreme-court-rcna247407

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