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9h ago

D.C. Circuit Backs Trump on Firing Independent‑Agency Members as Supreme Court Takes Case

The justices will consider whether to scrap Humphrey’s Executor, a move that could expand presidential control over dozens of regulatory boards.

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A worker shovels snow and ice in front of the Supreme Court building during the first snowfall of the winter season on Friday, Dec. 5, 2025, in Washington. (AP Photo/Mark Schiefelbein)
President Donald Trump speaks during a Cabinet meeting at the White House, Tuesday, Dec. 2, 2025, in Washington. (AP Photo/Julia Demaree Nikhinson)
Federal Trade Commissioner Rebecca Slaughter testifies before the U.S. Senate Consumer Protection, Product Safety, Insurance and Data Security Subcommittee on Nov. 27, 2018.

Overview

  • A D.C. Circuit panel ruled 2–1 that NLRB and MSPB seats are at‑will, upholding President Trump’s removals of Gwynne Wilcox and Cathy Harris.
  • The majority said Congress cannot limit removal of principal officers wielding executive power, while Judge Florence Pan dissented that the decision threatens agency independence.
  • The panel split reflected appointments, with Judges Gregory Katsas and Justin Walker in the majority and Pan dissenting.
  • The Supreme Court will hear expedited arguments Monday in Trump v. Slaughter on whether FTC commissioners’ statutory protections are unconstitutional and whether Humphrey’s Executor should be overruled.
  • The Court has already allowed many removals to proceed on stay, with exceptions including Federal Reserve Governor Lisa Cook and copyright chief Shira Perlmutter, and it will separately hear Cook’s case in January.