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Supreme Court Removes Tenure Protections for Most Independent Agencies but Keeps Fed Governor in Place

The decisions broaden presidential control over regulators, leaving key legal standards for removal unsettled and to be resolved by lower courts or Congress.

Overview

  • The Supreme Court on Monday, June 29, 2026, in Trump v. Slaughter overturned Humphrey’s Executor and in a 6-3 ruling said the President may remove members of independent, multimember agencies like the FTC at will.
  • In a separate 5-4 decision in Trump v. Cook the Court blocked the immediate ouster of Federal Reserve Governor Lisa Cook because the White House failed to give proper notice and a forum to contest the charges, allowing her to remain on the Fed board while litigation continues.
  • The split rulings signal the Court’s embrace of broader presidential control over most regulatory agencies while suggesting the Fed may have a distinct historical status, but the majority declined to define which Fed functions, if any, are protected.
  • Key legal questions remain unresolved, including what counts as cause for removal, which agencies or functions are exempt, and what procedures a President must follow, all of which are likely to spawn prolonged lower-court battles and possible congressional action.
  • Practically, the decisions could accelerate political turnover in agencies that regulate finance, markets, labor and consumer safety, create pressure on agency staff and nominees, and reshape how government experts make long-term policy choices.