The Supreme Court’s June 29, 2026 decision in Trump v. Slaughter, No. 25-332 (2026), overruling Humphrey’s Executor v. United States, 295 U.S. 602 (1935), has major implications for the National Labor Relations Board (“NLRB”). In a 6-3 decision, Chief Justice Roberts’s majority opinion held that for-cause removal protections for Federal Trade Commission (“FTC”) Commissioners violate the Constitution’s separation of powers—reasoning that strongly suggests the National Labor Relations Act’s (“NLRA”) parallel removal provision will likewise be struck down.
The Decision
Slaughter arose after President Trump summarily removed two Democratic FTC Commissioners in March 2025 without asserting cause—instead stating that their continued service was inconsistent with his administration’s priorities. The case presented the question of whether Humphrey’s Executor, which had protected multi-member independent agency commissioners from at-will removal for 91 years, remained good law.
The Court rejected Humphrey’s Executor’s distinction between “purely executive” officers and those performing “quasi-legislative” or “quasi-judicial” functions. Chief Justice Roberts held that if an agency executes laws for the executive branch, the President must be able to remove its officers at will. The Court reasoned that while Congress may establish independent agencies to assist its functions, “it may not foist those agencies upon the President” to deprive him of Article II executive powers.
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