The End of Independent Agencies: Supreme Court Ruling on Presidential Removal Power

The Supreme Court's decision in Trump v. Slaughter effectively ends the independence of federal agencies like the FTC, allowing the President to remove principal officers without cause, overturning the long-standing Humphrey's Executor precedent. While many agencies had already aligned with presidential agendas, the ruling introduces new risks: presidents can now disable agencies by removing members and leaving them without a quorum, as seen with the Election Assistance Commission. This is particularly problematic for multi-member commissions like the NLRB and FEC, which cannot use interim appointments under the Federal Vacancies Reform Act. The analysis suggests that while the President gains control, the ability to paralyze agencies may backfire, preventing both favorable and unfavorable actions.