Overview
- The Court’s Slaughter decision holds that many multimember independent-agency officials who exercise executive power serve at the President’s pleasure and may be removed without cause.
- Chief Justice John Roberts wrote the majority opinion restoring unitary-executive removal authority, and a three-justice dissent warned the ruling grants the President unprecedented power over agencies.
- In a companion decision, the Court allowed Federal Reserve Governor Lisa Cook to remain in office during her challenge, creating a limited procedural carve-out for the Fed.
- Experts and affected agencies say the rulings likely mean faster leadership changes at the FTC, SEC, NLRB, FERC, NRC and others, with quick shifts in enforcement, rulemaking and adjudications.
- Expect rapid follow-up litigation and possible congressional fixes as stakeholders test which offices and functions remain insulated from direct presidential control and assess impacts on markets, public safety and regulated industries.