The Supreme Court’s latest move appears to broaden President Donald Trump’s ability to remove members of independent federal agencies, a shift that could reshape the balance of power in Washington.
Court’s Stance on Humphrey’s Executor
Chief Justice John Roberts dismissed the 1935 decision that limits presidential removal of agency commissioners, calling it “a dry husk.” The conservative majority is poised to overturn or severely trim the ruling, which has governed agency appointments for 90 years.
Trump’s Recent Firings and Legal Challenges
President Trump has already fired several officials:
- Federal Trade Commission member Rebecca Slaughter
- Federal Reserve Governor Lisa Cook
- Members of the National Labor Relations Board, Merit Systems Protection Board, and Consumer Product Safety Commission
Only Lisa Cook and Library of Congress copyright official Shira Perlmutter have survived removal attempts so far. Cook’s dismissal, linked to mortgage‑fraud allegations, is now facing a separate court case that could determine whether she can be reinstated.
Potential Impact on the Federal Reserve
Justice Neil Gorsuch noted that employees who win reinstatement cases may receive back pay but not necessarily a return to office. Justice Brett Kavanaugh suggested that an illegally fired official should be entitled only to salary, calling the idea of full reinstatement an “end run.” These positions raise uncertainty about whether Cook could keep her job if the court rules her firing illegal.
Historical Context and Conservative Trend
In 2020, Roberts wrote that “the President’s removal power is the rule, not the exception,” in a decision upholding Trump’s removal of the Consumer Financial Protection Bureau head. The 2024 immunity ruling further described the president’s firing power as “conclusive and preclusive,” underscoring a long‑standing conservative effort to expand executive authority.
Key Takeaways
- The Supreme Court may strip the 1935 Humphrey’s Executor decision of its force, giving the president broader removal power.
- Trump’s recent firings of agency officials, including a Fed governor, could be challenged in court with possible reinstatement or salary‑only remedies.
- Conservative justices have consistently supported Trump’s removal actions, while liberal justices warn of a loss of expertise and independence.
The court is scheduled to hear arguments in January on whether Lisa Cook can remain in her post as the legal battle continues.
