Supreme Court Expands Presidential Removal Power Over Independent Agencies

On a 6-3 vote in *Trump v. Slaughter*, the Supreme Court overturned the 1935 Humphrey’s Executor precedent, allowing the president to remove members of independent agencies at will. Chief Justice John Roberts authored the majority; Justice Sonia Sotomayor dissented. The ruling affects agencies such as the FTC, NLRB, MSPB, FERC, and EEOC, and involves Justices Thomas, Barrett, Kavanaugh, and President Donald Trump.

Supreme Court Rules President Can Remove Commissioners, Like FERC

The decision covers agencies that regulate power, rail, finance, labor and technology. Multimember commissions lose statutory removal protection; the EEOC’s five-member board (max three from one party) is directly affected. The Federal Vacancies Reform Act does not apply to most multimember commissions, raising the risk of leadership gaps and quorum loss.

Slate

Roberts said presidential accountability requires the power to dismiss subordinates. Sotomayor warned the ruling concentrates “unprecedented and possibly dangerous levels of power.” EEOC Chair Andrea Lucas said it “reaffirms … EEOC is an executive branch agency.” EEOC commissioner Jocelyn Samuels said she “strongly disagree[s]” with the analysis and that the opinion leaves her “without a viable path forward.” Douglas Melamed warned the decision “enables a lot more mischief.”

The Hill

Legal scholars Sam Bagenstos and Jed Shugerman call the ruling a cynical move that misreads the founders’ banking history and protects wealth. Critics note that removing commissioners can erase quorum, paralyzing agencies and limiting presidential control—a paradox noted by analysts who foresee outgoing presidents using the rule to purge opposing-party members before a transition.

Slate

Some view the judgment as a clear expansion of executive power; others stress its potential to create agency deadlock and curb presidential effectiveness. The exact scope beyond agencies with explicit removal statutes and the interaction with the Federal Vacancies Reform Act remain unresolved.

• “I strongly disagree with the Supreme Court’s legal analysis in Trump v. Slaughter, which overturned an almost century-old precedent and undermined Congress’s authority to limit the President’s removal power over commissioners of independent agencies,” — Jocelyn Samuels, former EEOC commissioner

The Hill

• “enables a lot more mischief,” — Douglas Melamed, former Intel counsel

New York Times

• “reaffirms the federal government and EEOC’s decades-long position that EEOC is an executive branch agency and reinforces the responsibilities entrusted to us.” — Andrea Lucas, EEOC chair

The Hill

• “The executive power shall be vested in a President of the United States of America.” — Article II, U.S. Constitution

Congressional proposals aim to extend the Vacancies Act to multimember commissions, convert them to single-head agencies, or restore statutory removal protections. Political polarization and the president’s first-mover advantage make swift reform uncertain, and further litigation over the decision’s application to specific statutes is expected.

Slate