Supreme Court expands presidential power to dismiss heads of independent agencies

The U.S. Supreme Court issued a 6-3 decision that the president may remove the heads of independent federal agencies, interpreting the Constitution as granting broad removal authority. The ruling, authored by Chief Justice John Roberts, was issued in the case Trump v. Slaughter and is expected to increase presidential control over agencies that oversee parts of the national economy.

Justice Sonia Sotomayor, writing a dissent, warned that the judgment could concentrate unprecedented power in the executive branch. Critics note that the decision may disrupt the traditional bipartisan design of multimember commissions, which rely on staggered terms and party-balanced membership to promote stability.

Under the new rule, a president could dismiss commissioners from the opposing party, potentially leaving an agency without enough members to achieve a quorum. Because the Federal Vacancies Reform Act does not apply to most multimember commissions, agencies could be unable to function until new members are confirmed by the Senate.

The Court’s interpretation follows actions by former President Donald Trump, who removed several commissioners before the decision was issued, causing temporary shutdowns at the National Labor Relations Board and the Merit Systems Protection Board. Analysts suggest that future presidents may face similar challenges, especially when the Senate is controlled by the opposite party.

Legal scholars propose that Congress could address the issue by extending the Vacancies Act to cover multimember commissions or by converting some commissions into single-head agencies, thereby restoring the ability to appoint temporary leaders without Senate confirmation.

In her dissent, Justice Sotomayor predicted that the ruling could create significant legal uncertainty and operational difficulties for agencies that play a key role in regulating the economy.