The Supreme Court overturned decades of precedent to grant the president broader authority over federal regulators while maintaining a unique, narrow shield for the Federal Reserve.
The constitutional architecture of the American administrative state underwent a seismic shift this week as the Supreme Court redefined the relationship between the executive branch and independent regulatory agencies. In the landmark case Trump v. Slaughter, a 6–3 majority overturned the 1935 Humphrey’s Executor precedent, holding that the president possesses the authority to remove commissioners of most independent agencies at will. For decades, these bodies were shielded from political interference by statutes allowing removal only for cause. The Court has now swept those protections aside.
Writing for the majority, the Court validated the March 2025 removal of FTC Commissioner Rebecca Kelly Slaughter, asserting that statutory restrictions on removal power infringe upon the Article II mandate to oversee the executive branch. This decision effectively converts leaders at dozens of agencies—including the FTC, FERC, and the Nuclear Regulatory Commission—into at-will employees. For proponents of the unitary executive, the ruling restores the Founders’ intent by ensuring those exercising sovereign power remain accountable to the president. Critics, however, warn this gives the White House direct leverage over agencies regulating electricity, gas, and financial markets, potentially leading to rapid policy swings with every administration change.
However, the Court drew a distinct line at the central bank. In a 5–4 decision in Trump v. Cook, the Court declined to extend this broad removal power to the Federal Reserve Board of Governors. By shielding Governor Lisa Cook from a presidential firing attempt, the Court recognized a critical exception for monetary policy independence. The Court declined to stay Cook’s reinstatement while lower courts build a factual record on the administration’s misconduct allegations. This split outcome creates a new legal reality where the president may reshape consumer protection and energy policy through personnel changes, while the Federal Reserve remains an outlier insulated from direct political interference.
Beyond the administrative state, the Court addressed the limits of unilateral executive action regarding the Fourteenth Amendment. In a 6–3 ruling, the Court struck down an executive order seeking to end birthright citizenship for children born to non-citizen parents. Chief Justice John Roberts interpreted the phrase “subject to the jurisdiction thereof” to cover nearly all U.S.-born children. The ruling reaffirmed that the Constitution’s guarantee of citizenship cannot be altered by executive fiat, closing a path the president attempted to take without statutory authorization from Congress.
On the legislative front, these rulings arrive as President Trump refuses to sign the 21st Century ROAD to Housing Act, despite concern from GOP senators. Simultaneously, the Court’s 5–4 decision to uphold a Mississippi law counting mail-in ballots received after Election Day ensures that existing state frameworks for the 2026 midterms remain intact. As inflation remains above 4 percent and energy prices fluctuate, these rulings signal a judiciary intent on enforcing the written Constitution while navigating the boundaries of modern governance.

