Supreme Court ends FTC commissioners' removal protection

Summary

In Trump v. Slaughter, the Supreme Court on June 29, 2026 overruled Humphrey's Executor (1935), holding 6-3 that the FTC commissioners' for-cause removal protection is unconstitutional - leaving similar protections at other independent agencies in doubt. In a companion 5-4 decision (Trump v. Cook), the Court rejected the president's attempt to remove Federal Reserve Governor Lisa Cook for now, letting her keep serving while the litigation continues.

What happened

The lead 6-3 decision (Roberts for the majority, joined by Thomas, Alito, Gorsuch, Kavanaugh and Barrett; Sotomayor, Kagan and Jackson dissenting) arose from Trump's without-cause firing of FTC Commissioner Rebecca Slaughter. The Court held the FTC's for-cause removal provision contrary to the separation of powers and expressly overruled Humphrey's Executor: 'If anything more is left of Humphrey's, we overrule it.' The same day, in Trump v. Cook, the Court ruled 5-4 that the Federal Reserve is different - that 'not only the fact of independence but also the appearance of independence is key to the Federal Reserve's design' - and let Governor Lisa Cook, whom Trump had tried to fire over mortgage-fraud allegations she has denied, stay pending lower-court litigation.

Impact on the United States

The ruling lets the president remove FTC commissioners at will and, per the Congressional Research Service, leaves similar removal protections at other multimember commissions such as the NLRB on precarious legal footing; NPR reported it throws into question protections at the EEOC, MSPB and CPSC, where Trump had also fired Democratic members. That enables a president to remove commissioners for policy or political reasons and shifts control of these regulators toward the White House; the Fed carve-out preserves monetary-policy independence.

Documented effects

1. Jun 29, 20266-3 ruling struck down the FTC commissioners' for-cause removal protection and overruled Humphrey's Executor (1935), leaving similar protections at other multimember commissions on uncertain footing[1][2]
2. Jun 29, 2026Companion 5-4 decision (Trump v. Cook) preserved an exception for the Federal Reserve's independence[3][4]
3. Jun 29, 2026Fed Governor Lisa Cook may keep her job pending resolution of lower-court litigation; Fed governors removable only for cause[3][4]
4. Jul 9, 2026On July 9, 2026, Trump fired Election Assistance Commission Chair Thomas Hicks and Commissioner Benjamin Hovland, and Commissioner Christy McCormick resigned, leaving the four-member commission with no members and unable to take official action ahead of the 2026 midterms; whether the Slaughter ruling covers bipartisan election agencies has not been tested in court[7][8]

Why this is rated critical

A 6-3 ruling overruled the 91-year-old Humphrey's Executor precedent and struck down the FTC's for-cause removal protection, leaving similar protections at the NLRB and other multimember commissions on what the Congressional Research Service called precarious legal footing - a structural shift of power toward the president, tempered by a companion ruling preserving the Federal Reserve's for-cause protection.

Corrections & updates [6]

Every change to a fact on this page after publication is logged here, newest first.

1. Sep 29, 2026CorrectedScope

   The entry said the ruling gives the president at-will removal power over commissioners of the SEC, FCC, NLRB and similar bodies. The decision held only the FTC's for-cause removal provision unconstitutional; per the Congressional Research Service, the Court "explicitly disclaimed" deciding other officials' protections, though those at agencies such as the NLRB now "appear to be on precarious legal footing." Humphrey's Executor (1935) was a 91-year-old precedent, not 90 (NPR; CBS News).[1][2][3]

2. Sep 29, 2026CorrectedQuote

   A quotation attributed to the majority ("the Constitution's separation of powers prohibits Congress from requiring the President to have cause before removing a subordinate") could not be found in the Court's opinion or the cited sources and was replaced with verbatim language from the opinion: "If anything more is left of Humphrey's, we overrule it." The mortgage-fraud allegations against Lisa Cook are now described as allegations she has denied (Bloomberg), rather than "unproven."[4][5][6]

   + Show previous and current text- Hide previous and current text

   Previously

   The lead 6-3 decision (Roberts for the majority, joined by Thomas, Alito, Gorsuch, Kavanaugh and Barrett; Sotomayor, Kagan and Jackson dissenting) arose from Trump's without-cause firing of FTC Commissioner Rebecca Slaughter. The Court held that 'the Constitution's separation of powers prohibits Congress from requiring the President to have cause before removing a subordinate' who exercises executive power, expressly overruling Humphrey's Executor. The same day, in Trump v. Cook, the Court ruled 5-4 that the Federal Reserve is different - that 'not only the fact of independence but also the appearance of independence is key to the Federal Reserve's design' - and let Governor Lisa Cook, whom Trump had tried to fire over unproven mortgage-fraud allegations, stay pending lower-court litigation.

   Now

   The lead 6-3 decision (Roberts for the majority, joined by Thomas, Alito, Gorsuch, Kavanaugh and Barrett; Sotomayor, Kagan and Jackson dissenting) arose from Trump's without-cause firing of FTC Commissioner Rebecca Slaughter. The Court held the FTC's for-cause removal provision contrary to the separation of powers and expressly overruled Humphrey's Executor: 'If anything more is left of Humphrey's, we overrule it.' The same day, in Trump v. Cook, the Court ruled 5-4 that the Federal Reserve is different - that 'not only the fact of independence but also the appearance of independence is key to the Federal Reserve's design' - and let Governor Lisa Cook, whom Trump had tried to fire over mortgage-fraud allegations she has denied, stay pending lower-court litigation.

3. Sep 29, 2026CorrectedUS impact

   The statement that "constitutional scholars said 'agency independence is now gone'" is not in any cited source and was removed. The claim that the ruling covers the SEC, FCC, FEC and other agencies was narrowed to what the sources report: the decision addressed the FTC, and similar protections elsewhere are now in doubt (CRS; NPR). CRS publication date corrected to July 2, 2026.[1][3]

4. Sep 29, 2026CorrectedSummary

   The summary and headline described the ruling as ending independence for independent agencies generally, and said the companion ruling held Federal Reserve governors removable only for cause. The Slaughter decision struck down the FTC commissioners' removal protection; protections at other agencies are now in doubt but were not decided. In Trump v. Cook the Court rejected the attempt to remove Governor Lisa Cook for now and let her keep serving while the litigation continues (CRS; CBS News).[1][2]

5. Sep 29, 2026UpdatedEffects

   Updated: on July 9, 2026, after the ruling, Trump fired Election Assistance Commission Chair Thomas Hicks and Commissioner Benjamin Hovland, and Commissioner Christy McCormick resigned, leaving the commission with no members. A White House official said the president "reserves the right to remove individuals that may not be totally aligned with the important task of securing America's elections."[7][8]

6. Sep 29, 2026ClarifiedDisplay copy

   Made the headline describe the holding precisely.

   Previously

   The Court ends the FTC's independence

   Now

   Supreme Court ends FTC commissioners' removal protection

Sources [8]