Supreme Court Case on Presidential Power Over Independent Agencies
Dec, 7 2025
This case arises from Trump's dismissal of Federal Trade Commission member Rebecca Slaughter, who contends that her removal violated the precedent established in Humphrey’s Executor, which protects certain officials from being fired without just cause. Lower courts have sided with Slaughter, but the Supreme Court's conservative majority has temporarily allowed her removal while deliberating the case.
If the Court rules in favor of Trump, it could dismantle the protections that ensure the independence of various regulatory bodies, including the Federal Trade Commission, Federal Reserve, and others. This would enable the president to influence agency actions, such as investigations and regulatory decisions, potentially prioritizing political objectives over public interest.
The legal argument presented by the Trump administration is rooted in the unitary executive theory, which posits that the president holds complete control over the executive branch. This theory has been supported by recent Supreme Court decisions that have expanded presidential powers, including rulings that limit the ability of Congress and the judiciary to regulate executive actions.
Historically, the unitary executive theory has been associated with efforts by conservative administrations to diminish the authority of regulatory agencies established by Congress, particularly during the Nixon and Reagan presidencies. Critics argue that this approach undermines the intended checks and balances within the government and poses risks to the regulatory framework designed to protect public welfare.
The implications of the Court's decision in Slaughter could extend to the Federal Reserve, which plays a critical role in setting monetary policy. The potential for presidential control over such a powerful institution raises concerns about the stability of economic governance and the independence of financial oversight.
As the Court prepares to rule, the outcome is anticipated to further consolidate executive power, raising questions about the future of independent regulatory agencies and their ability to operate free from political influence.