In 2025, President Donald Trump challenged the 1935 Humphrey's Executor precedent by firing and removing independent agency officials before their terms expired.
The Supreme Court let Trump (via emergency docket) remove Democratic board members from the National Labor Relations Board, Merit Systems Protection Board, and Consumer Product Safety Commission. Trump fired FTC commissioner Rebecca Kelly Slaughter in March 2025. He attempted to oust Federal Reserve governor Lisa Cook before her fixed term expired.
On December 8, 2025, the Supreme Court heard full arguments in Trump v. Slaughter, which directly challenges Humphrey's Executor and statutory protections that limit FTC commissioner removal to cases of cause. The Court's conservative majority signaled openness to expanding presidential removal power, while liberal justices warned that dismantling agency independence would erode checks and balances and open the door to politicizing expert regulators. A June 2026 ruling will determine Slaughter's fate, the scope of presidential control over dozens of independent agencies, and may shape Trump's attempt to remove Federal Reserve governor Lisa Cook.
Rough number of multi‑member independent agencies and commissions whose for‑cause removal protections could be weakened or voided if the Court broadly overturns Humphrey’s Executor.
90 years
Age of Humphrey’s Executor precedent
Humphrey’s Executor v. United States was decided on May 27, 1935, and has long been the cornerstone for the legality of independent agencies insulated from at‑will presidential firing.
6–3
Ideological split in key emergency orders
In multiple 2025 shadow‑docket rulings, six conservative justices allowed Trump’s firings of independent‑agency officials to proceed over dissents from the Court’s three liberals.
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17 events
Latest: December 8th, 2025 · 6 months ago
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December 2025
Supreme Court hears Trump v. Slaughter and signals readiness to expand removal power
LatestSupreme Court Ruling
The Supreme Court hears oral arguments on Trump’s firing of FTC commissioner Rebecca Slaughter and the validity of Humphrey’s Executor. Conservative justices appear inclined to broaden presidential removal power over independent‑agency board members, while liberals warn of unchecked executive authority and threats to agencies like the Federal Reserve.
Supreme Court schedules and previews arguments in Trump v. Slaughter
Legal Action
Ahead of oral arguments, the Court sets an expedited schedule to consider whether Trump’s firing of Rebecca Slaughter was lawful and whether Humphrey’s Executor should be overruled or narrowed, with analysts highlighting potential impacts on dozens of independent agencies and the pending Lisa Cook case.
September 2025
Supreme Court lets Trump fire FTC’s Slaughter for now and grants full review
Supreme Court Ruling
In a 6–3 order, the Supreme Court stays lower‑court rulings that had reinstated Rebecca Slaughter, allowing Trump’s firing to take effect while agreeing to hear the case on the merits in December 2025. The three liberal justices dissent.
Justice Department asks Supreme Court to allow firing of Fed governor Lisa Cook
Legal Action
Solicitor General D. John Sauer files an emergency application asking the Supreme Court to lift lower‑court orders that blocked Trump from removing Federal Reserve governor Lisa Cook, tying the case to broader claims about presidential removal power.
Chief Justice Roberts administratively pauses Slaughter’s return to FTC
Supreme Court Ruling
Chief Justice Roberts issues an administrative stay of Judge AliKhan’s order, temporarily keeping Slaughter off the commission while the full Court considers the government’s emergency application.
Trump asks Supreme Court to stay rulings and let him fire FTC commissioner Slaughter
Legal Action
The Trump administration petitions the Supreme Court to pause lower‑court decisions reinstating Rebecca Slaughter and to recognize broad presidential authority to remove FTC commissioners, previewing arguments to overturn Humphrey’s Executor.
A D.C. Circuit panel upholds the district court’s order reinstating Slaughter, rejecting Trump’s arguments that Humphrey’s Executor no longer controls. Judge Neomi Rao dissents, questioning courts’ power to reinstate officers fired by the president.
July 2025
Supreme Court stays CPSC reinstatement and backs Trump on product safety firings
Supreme Court Ruling
The Supreme Court, over a dissent by its three liberal justices, stays Judge Maddox’s order and allows Trump’s removal of the three Democratic CPSC commissioners to stand, citing its earlier NLRB/MSPB decision as controlling.
D.C. district judge rules Slaughter’s firing unlawful
Court Ruling
Judge Loren AliKhan holds that Trump’s firing of Rebecca Slaughter violates the FTC Act’s for‑cause removal standard and entrenched Supreme Court precedent. She orders her reinstatement and enjoins interference with her duties.
June 2025
District court reinstates fired CPSC commissioners
Court Ruling
Judge Matthew Maddox rules that Trump unlawfully removed three CPSC commissioners, orders their reinstatement, and highlights the commission’s independent role and reliance on Humphrey’s Executor.
May 2025
Supreme Court allows Trump to remove NLRB and MSPB members via emergency order
Supreme Court Ruling
In an unsigned 6–3 order on its emergency docket, the Supreme Court stays lower‑court decisions that had reinstated Democratic members of the National Labor Relations Board and Merit Systems Protection Board, enabling Trump’s firings to stand while litigation continues and signaling skepticism toward Humphrey’s Executor.
Trump fires three Democratic Consumer Product Safety Commission members
Presidential Action
President Trump removes Mary Boyle, Alexander Hoehn‑Saric, and Richard Trumka Jr. from the CPSC, despite statutory protections allowing removal only for neglect of duty or malfeasance, as part of a broader effort to reshape independent agencies.
March 2025
Slaughter and Bedoya sue Trump over FTC firings
Legal Action
Rebecca Slaughter and Alvaro Bedoya file suit in federal court in Washington, D.C., arguing that their removals violated the FTC Act and Supreme Court precedent requiring for‑cause justification to fire commissioners.
Trump fires Democratic FTC commissioners Rebecca Slaughter and Alvaro Bedoya
Presidential Action
President Trump removes two Democratic members of the five‑member FTC without stating cause, seeking to flip the commission’s partisan balance and directly challenge statutory removal protections.
February 2025
First major firing fight: attempt to remove Special Counsel Hampton Dellinger
Legal Action
A D.C. district judge issues a temporary restraining order blocking the without‑cause firing of Hampton Dellinger from the Office of Special Counsel, marking the first notable 2025 clash over Trump’s removal of an official at a statutorily independent body.
June 2020
Seila Law narrows Humphrey’s Executor and expands presidential control over CFPB
Supreme Court Ruling
In Seila Law LLC v. CFPB, the Supreme Court holds 5–4 that the CFPB’s single director cannot be shielded from at‑will presidential removal, while leaving in place narrow exceptions for certain multi‑member commissions patterned on the 1935 FTC.
May 1935
Humphrey’s Executor affirms limits on presidential removal of FTC commissioners
Historical Precedent
The Supreme Court unanimously rules in Humphrey’s Executor v. United States that Congress may restrict the president’s power to remove members of quasi‑judicial and quasi‑legislative independent agencies like the FTC, allowing removal only for inefficiency, neglect of duty, or malfeasance.
Historical Context
3 moments from history that rhyme with this story — and how they unfolded.
1 of 3
1933–1935
Humphrey’s Executor v. United States (FTC independence)
After President Franklin D. Roosevelt tried to fire FTC commissioner William Humphrey for policy disagreements, Humphrey’s estate sued for back pay, arguing the firing violated the Federal Trade Commission Act’s for‑cause removal clause. In 1935, the Supreme Court unanimously held that Congress could limit the president’s power to remove commissioners of an independent, quasi‑legislative and quasi‑judicial agency like the FTC, cementing the constitutionality of independent agencies.
Then
Humphrey’s estate recovered unpaid salary, and Roosevelt’s attempt to remove the commissioner for policy reasons was declared unlawful.
Now
Humphrey’s Executor became the bedrock precedent justifying for‑cause removal protections at many independent agencies, shaping the structure of the modern administrative state for 90 years until the Roberts Court began aggressively revisiting its scope.
Why this matters now
Trump v. Slaughter directly targets Humphrey’s Executor, effectively asking whether that New Deal‑era compromise between presidential control and agency independence should survive in the 21st century. The case’s facts—a president firing an FTC commissioner for policy reasons despite a for‑cause statute—closely parallel Roosevelt’s dispute with Humphrey, making the current litigation a near‑mirror test for whether the Court will preserve or discard its own landmark precedent.
2 of 3
2017–2020
Seila Law v. Consumer Financial Protection Bureau (single‑director agency limits)
A law firm challenged the structure of the Consumer Financial Protection Bureau, arguing that its single director, protected from at‑will removal by the president, violated separation of powers. In 2020, the Supreme Court agreed, holding that the CFPB’s design was unconstitutional because it vested significant executive authority in a single official not answerable to the president, though it severed the removal protection rather than dismantling the agency.
Then
The CFPB director became removable at will, giving the president greater control over consumer‑finance enforcement while preserving the rest of the agency’s powers.
Now
Seila Law created a new test that treats “quasi‑legislative/quasi‑judicial” multi‑member commissions as possible exceptions to at‑will removal but views most powerful executive officials as subject to full presidential control, setting the doctrinal stage for the 2025 challenges to multi‑member independent boards.
Why this matters now
Seila Law shows the Court’s willingness to recalibrate long‑standing agency structures in favor of presidential control while avoiding total institutional collapse. It also limited Humphrey’s Executor to a narrow set of circumstances, which Trump and his Solicitor General now argue do not cover modern commissions like the FTC. The Slaughter and Cook cases test whether that logic will be extended from single‑director agencies to multi‑member boards.
3 of 3
1978–1988
Morrison v. Olson (independent counsel and removal restrictions)
In the wake of Watergate, Congress created an independent counsel mechanism to investigate senior officials, with the counsel removable by the attorney general only for good cause. In 1988, the Supreme Court upheld the statute in Morrison v. Olson, ruling that such removal limits did not unduly interfere with the president’s ability to execute the laws, over a lone but influential dissent by Justice Antonin Scalia arguing for a stronger unitary executive.
Then
The independent counsel law survived, and investigations of executive‑branch officials proceeded under a structure insulated from direct presidential control.
Now
Although the independent counsel statute later lapsed and Morrison has been increasingly questioned, the decision long stood as a high‑water mark for tolerating removal restrictions. The Roberts Court has since distanced itself from Morrison, and Scalia’s once‑minority unitary‑executive view has gained traction.
Why this matters now
Morrison underscores that for decades the Court accepted significant constraints on presidential removal power when Congress sought to protect investigative or quasi‑judicial functions. Today’s challenges to Humphrey’s Executor and agency independence reflect a reversal of that trajectory: a Court more sympathetic to Scalia’s Morrison dissent now weighs whether to curtail or abandon the older approach that permitted robust statutory protections for certain officers.
