Here's a question that sounds technical but matters quite a lot: Can the president fire the head of an independent federal agency just because he feels like it? After two-and-a-half hours of Supreme Court arguments on Monday, the answer increasingly looks like "yes."
A New Deal Protection Under Fire
The Court's six conservative justices appeared ready to side with President Donald Trump's push to assert greater control over independent federal agencies, while the three liberal justices stood firmly opposed. A ruling is expected by late June, and it could overturn legal protections that date back to 1935.
The case revolves around Trump's decision to remove Rebecca Kelly Slaughter from the Federal Trade Commission in March. Under current federal law, presidents must demonstrate cause before ousting leaders of multi-member, board-run agencies. Trump wants the Court to toss that requirement entirely.
Specifically, he's asking the justices to discard the precedent set in Humphrey's Executor v. United States, which allows Congress to require presidents to justify such removals. This Court has already chipped away at that 1935 decision, and now it seems poised to finish the job.
In a telling moment during the arguments, justices drew a sharp line between independent agencies like the FTC and the Federal Reserve. Translation: Don't expect Trump to get the power to mess with the Fed's operations, at least not yet.
Reshaping the Federal Government
The implications stretch far beyond one commissioner at the FTC. This ruling arrives against a backdrop of aggressive federal restructuring under Trump, much of it orchestrated through Elon Musk's Department of Government Efficiency (DOGE).
The administration has pursued mass layoffs across federal agencies, though a federal judge blocked some of these efforts in May, ruling that congressional approval was necessary. That didn't stop the administration from laying off thousands of federal workers in October, with Trump blaming Democrats for the resulting government shutdown.
In September, Trump directed the firing of Bureau of Labor Statistics Commissioner Erika McEntarfer just hours after a disappointing jobs report. He accused her of politically manipulating employment data, though he offered no evidence to support the claim.
Earlier in July, the Supreme Court allowed Trump to fire three Democratic members of the Consumer Product Safety Commission—Richard Trumka Jr., Alexander Hoehn-Saric, and Mary Boyle—who had been reinstated by a lower federal court.
The pattern is clear: Trump wants the ability to remove agency heads at will, and the Supreme Court's conservative majority appears inclined to give it to him. Whether that's good or bad depends largely on your view of presidential power versus agency independence. Either way, it's a significant shift from nearly 90 years of precedent.