For nearly a century, independent federal agencies have operated with a degree of insulation from presidential control. That changed dramatically on June 29, 2026.

In Trump v. Slaughter, the U.S. Supreme Court overruled Humphrey's Executor v. United States (1935), holding that Congress generally cannot shield leaders of executive agencies from presidential removal through "for-cause" protections. The decision significantly expands presidential authority over independent federal agencies and is poised to reshape how agencies—including federal agencies that govern employment relationships, like the Federal Trade Commission (FTC), National Labor Relations Board (NLRB), Equal Employment Opportunity Commission (EEOC), and others—operate going forward.

For employers, the ruling represents one of the most consequential administrative law decisions in decades.

The End of Humphrey’s Executor

The dispute arose after President Trump removed FTC Commissioner Rebecca Slaughter before her term expired despite clear statutory language permitting removal only for "inefficiency, neglect of duty, or malfeasance in office."

Chief Justice Roberts, writing for the majority, concluded that FTC commissioners exercise executive power and therefore must remain accountable to the President. The Court held that Congress cannot constitutionally prevent a President from removing executive officers who carry out federal law by passing statutes restricting the President’s removal authority. This...

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