Supreme Court rules Trump can fire independent agency heads, with Federal Reserve exception
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The Federal Trade Commission (FTC) headquarters in Washington, D.C. Photo: Al Drago/Bloomberg via Getty Images
The Supreme Court on Monday cleared the way for President Trump to freely fire officials from the Federal Trade Commission and most — though not all — agencies that have long been politically independent.
Why it matters: It is a historic unraveling for agencies that have long been shielded from politics. The ruling will vastly expand presidential power and influence.
The big picture: The ruling overturns Humphrey's Executor, a nearly century-old precedent that says independent agency commissioners cannot be fired without specific cause.
What they're saying: "If anything more is left of Humphrey's, we overrule it," Chief Justice John Roberts wrote for the court.
- Trump celebrated the ruling on Truth Social, calling it a "BIG WIN" that confirmed he had the power to remove officials. "It is such an Honor to be the sitting President who won this Historic and Unprecedented Ruling, one of the most important ever given with respect to Presidential Powers."
Yes, but: The 6–3 ruling came with a carve-out for the Federal Reserve, in line with earlier signals that Supreme Court sees the central bank in a different light.
- The ruling was released alongside a separate 5–4 decision blocking Trump from immediately firing Fed governor Lisa Cook.
- Roberts emphasized the ruling does not necessarily apply to the Federal Reserve, citing the central bank's "distinct historical tradition."
Zoom out: The case centers on Trump's firing of two Democratic appointees, Rebecca Slaughter and Alvaro Bedoya.
- Trump said that allowing Slaughter to remain at the regulatory agency would be "inconsistent with my Administration's policies," according to the letter that announced the firing.
Zoom in: With no Democrats set to return to the Republican-led agency, regulatory decisions will be made without real pushback or checks within the building.
- Democrats had a minority at the FTC to start with, but historically, dissents from the minority over major decisions were a transparent way to peek into decision-making among commissioners.
- FTC chair Andrew Ferguson has aligned the FTC with Trump's tech agenda, and though he hasn't hesitated to question tech companies for bad behavior, he's also delved into ideological issues like transgender care for children and alleged conservative censorship.
The other side: During the hearing in December, liberal justices warned about the consequences of handing presidents too much power by allowing them to fire independent government officials.
- Should commanders-in-chief be able to fire independent commissioners, "what you are left with is a president that might … [have] control over everything, including much of the lawmaking in this country," Justice Elena Kagan said at the time.
