Overview
- The Court issued companion opinions that, in a June 29 decision, found statutory "for-cause" removal limits unconstitutional for most multimember independent agencies and returned broad removal authority to the president.
- In a separate but simultaneous opinion the Court carved out a limited exception for the Federal Reserve and allowed Fed Governor Lisa Cook to remain in office temporarily while she challenges her removal.
- Chief Justice John Roberts grounded the majority in historical practice, saying most commissioners exercise executive power and must be accountable to the president, while framing the Fed as historically distinct in some functions.
- The rulings are already prompting immediate change: agencies face faster leadership turnover, lawyers and businesses are reassessing enforcement and rulemaking risk, and officials may revisit pending investigations, merger reviews and settlements.
- The decision overturns the protective reach of Humphrey’s Executor and sets up fresh litigation and possible congressional fixes to define which agencies or specific Fed powers still qualify for removal protections.