The U.S. Supreme Court’s June 29 decision in Trump v. Slaughter may significantly reshape how independent federal agencies, such as the National Labor Relations Board (NLRB), operate.
Although the case arose from President Donald Trump’s removal of Federal Trade Commission (FTC) Commissioner Rebecca Slaughter, the Court used the dispute to overrule Humphrey’s Executor v. United States, the 1935 decision that had long permitted Congress to shield members of certain independent agencies from presidential removal except for cause. The Court instead held that, as a general rule, principal officers exercising executive power must remain removable by the President, substantially expanding presidential authority over agencies historically viewed as independent.
The decision’s significance extends well beyond the FTC. Readers of Employment Law Worldview may recall that we have closely followed the litigation surrounding former National Labor Relations Board (NLRB) Member Gwynne Wilcox because it presented the same fundamental constitutional question: whether Congress may insulate members of independent agencies from presidential removal through statutory “for-cause” protections. We’ve reported on that litigation from President Trump’s removal of Wilcox in January 2025 (see here), to her reinstatement by the district court (see here), to the Supreme Court’s stay of that order (see here) and most recently to the Board’s eventual return to a quorum following the White House’s...
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