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Supreme Court Hears Trump v. Slaughter, Testing Presidents’ Power Over Independent Agencies

The conservative majority appears receptive to expanding presidential removal power, with a ruling expected by mid‑2026.

Overview

  • Arguments focus on President Trump’s March removal of FTC commissioner Rebecca Kelly Slaughter without the statutory “for cause” justification that Congress set for the commission.
  • Lower courts ruled the firing unlawful and ordered Slaughter reinstated, but the Supreme Court let her ouster stand during the appeal and took up the case directly.
  • The Justice Department urges the Court to overturn the 1935 Humphrey’s Executor precedent and embraces a unitary‑executive view, with Solicitor General D. John Sauer calling independent agencies a “myth.”
  • The justices are also weighing whether courts may reinstate unlawfully removed officials, a remedial issue that could limit judicial relief even if a firing is illegal.
  • A decision could affect dozens of multimember regulators such as the NLRB and MSPB, and a related case on Trump’s attempted removal of Federal Reserve Governor Lisa Cook is scheduled for January.