Supreme Court rules presidents may remove heads of independent agencies
The U.S. Supreme Court overturned a 1935 precedent, allowing presidents to fire leaders of independent agencies, a decision that critics say expands executive power.
The Supreme Court issued a ruling that permits the president to remove the heads of independent agencies and commissions, overturning the 1935 Humphrey v. United States decision that limited such authority. The judgment arose from a case involving former Federal Trade Commission commissioner Rebecca Slaughter, who was dismissed in March and described the ruling as a "huge win for the executive".
Labor unions, consumer-advocacy groups and legal scholars expressed concern that the decision could reshape the balance of power in Washington. Gary DiBianco, co-founder of Lawyers for Good Government, said the ruling replaces a century-old constitutional understanding with a "loyalty test". Rachel Rossi, president of Alliance for Justice, warned that the change could have "disastrous" long-term effects, while Michael Sozan of the Center for American Progress said it erodes safeguards against political interference.
Justice Sonia Sotomayor, dissenting, called the majority opinion "egregiously wrong" and argued it discards established democratic safeguards in favor of expanded executive control. The Court also ruled separately that the president could not remove a Federal Reserve board member, indicating a distinction between the Fed and other agencies.
The decision follows several dismissals of agency officials by former President Donald Trump, including members of the National Labor Relations Board, the Federal Labor Relations Authority, the Bureau of Labor Statistics and the National Mediation Board. No specific cause was provided for most of those terminations.
