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US Supreme Court rules Trump can fire heads of independent agencies | US Supreme Court
The US Supreme Court has ruled that Donald Trump can fire the heads of independent agencies or commissions, ending 90 years of legal precedent that restricts executive power.
The vote in Trump v. Slaughter was 6-3, with dissents from Justices Sonia Sotomayor, Ketanji Brown Jackson and Elena Kagan.
The case centered on the White House’s March 2025 firing of Federal Trade Commission member Rebecca Slaughter. Trump fired Slaughter via email, telling her that keeping her as commissioner would be “incompatible with [the] priorities of the administration.
After her firing, Slaughter sued the Trump administration, claiming she was fired without cause, and a lower court ruled in favor of her reinstatement.
In challenging Slaughter’s lawsuit, the White House argued that the court should overturn Humphrey’s Executor v. United States, a landmark 1935 decision in which the Supreme Court ruled that the president illegally fired a member of the Federal Trade Commission (FTC), thereby limiting the president’s power over independent agencies.
“I think by our best calculation there are about two dozen agencies with a structure similar to the FTC, a bipartisan, multi-member board or commission with some form of implicit or explicit protection against takedown, and one commonality among them is that they all have significant authority to protect market integrity, ensuring that economic decisions are made without fear or favor, and I think they are all at risk,” Slaughter said on a press call on the decision Monday.
Slaughter noted that the Supreme Court also ruled Monday to block Trump’s decision to fire Federal Reserve Governor Lisa Cook.
Slaughter added that it was “very difficult for me to reconcile the decisions of Cook and Slaughter in that one way or another Wall Street is special and gets special treatment.”
“Today, this Court undoes centuries of political practice and concludes that all three branches of government have acted all this time in open defiance of the Constitution. Its conclusion is wrong,” Sotomayor wrote in her dissent, joined by Kagan and Jackson.
“The text of the Constitution, together with its history, the long-standing practices of the political branches, and the precedents of this Court, make clear that Congress can limit the causes for which the heads of commissions like the FTC can be removed by the President,” they continued. “In ruling otherwise, the Court gives the President a power unknown even to the English Crown against which the Founders revolted, elevating it above its formerly co-equal branches by transforming the duty to see that the laws are faithfully executed into a license to act in defiance of those same laws. »
The FTC is responsible for enforcing consumer protection and antitrust laws. The agency is structured with five bipartisan commissioners, and no more than three can come from the same party. Congress placed restrictions on the hiring and firing of commissioners in an effort to protect the agency from partisan politics. The Trump administration asked the appeals court to put the ruling on hold while it appealed, but its ruling was denied.
“The government is unlikely to succeed on appeal, because any decision by this court in its favor would have to defy binding, precise, and repeatedly preserved precedent by the Supreme Court,” two appellate judges wrote in the majority opinion.
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The Trump administration then went to the Supreme Court, asking to stay the order while the government appeals. The Supreme Court voted to suspend the order in September 2025, with three justices dissenting.
Overturning the choice of Humphrey’s executor, former government officials warned, would undermine the independence of federal agencies.
“Eliminating these protections against dismissal would jeopardize all facets of agency independence, as agency leaders would be reluctant to engage in regulatory or enforcement actions – or even in day-to-day agency decision-making – without coordinating with the White House for fear of dismissal,” wrote Lauren McFerran, former chair of the National Labor Relations Board (NLRB), and Celine McNicholas, former head of the NLRB, in a report by the Economic Policy Institute of October 2025.
“I think it’s safe to say we are deeply disappointed by today’s decision,” Slaughter said. “I think this is a really sad moment for the FTC, particularly for an institution that I love very much, but also for government institutions in general and for the rule of law.”
Donald Trump celebrated the decision by posting on Truth Social: “This decision has long been sought by presidents of the United States, dating back to the 1930s. It is such an honor to be the sitting president who has won this historic and unprecedented decision, one of the most important presidential powers ever made.” »
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Sources 2/ https://www.theguardian.com/us-news/2026/jun/29/us-supreme-court-ftc-ruling-slaughter The mention sources can contact us to remove/changing this article |
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