Supreme Court expands at-will removal of independent regulators—except the Fed
The Supreme Court issued two closely related decisions on June 29, 2026 that change how much control presidents can have over leaders of many “independent” federal regulators.
In plain terms: for many independent agencies, the Court is expanding the circumstances under which presidents can remove top officials without the usual for-cause limits. The Federal Reserve is treated differently, with a narrower carve-out that preserves a more limited path for immediate changes.
What the Supreme Court decided on June 29
In Trump v. Slaughter, the Court addressed whether statutory “for cause” protections limit a president’s ability to remove certain independent-regulator leaders. The ruling strengthens presidential at-will removal power in that context, moving away from a broader reading of earlier constraints associated with the Humphrey’s Executor approach.
In Trump v. Cook, the Court’s analysis is narrower when it comes to the Federal Reserve. The decision preserves a more limited carve-out, meaning the removal-power logic in the broader independent-regulator setting does not automatically map onto the Fed in the same way.
What “at-will removal” can change for agencies
When leadership can be replaced without proving “for cause,” leadership turnover can happen faster during transitions. That matters because agency leadership influences:
- Enforcement posture—which cases and compliance timelines rise to the top
- Rulemaking direction—how quickly regulations move and how agencies interpret their authority
- Oversight capacity—who is driving audits, compliance reviews, and investigations
For regulated companies, civil-rights groups, and the public, faster leadership changes can increase uncertainty about how quickly priorities shift and how courts treat the legitimacy of actions taken during transitions.
Reported “right now” fallout
After the June 29 rulings, reporting tied the new removal framework to immediate litigation and leadership moves.
AP News reported that an EEOC commissioner dropped a lawsuit connected to the removal-power landscape, illustrating how courts may reassess disputes when the underlying removal rules change.
AP also reported that Election Assistance Commission members were removed—an example of how the new framework can affect election-adjacent federal oversight institutions, not just traditional consumer- or labor-regulation agencies.
What remains uncertain
The rulings do not automatically rewrite removal rules for every agency that some people call “independent.” Whether the change applies depends on each agency’s statute and how removal protections are written for the specific leadership role.
Litigation is also likely to continue over how the rulings apply to past and future actions—especially when parties challenge leadership legitimacy during transitions. The practical takeaway for readers: expect more legal focus on whether removal structure matched the updated constitutional framework.
What to watch next
Two signals matter most:
- Leadership churn and internal reorganization—whether agencies move quickly to staff leadership roles after transitions
- Court fights over legitimacy—whether additional challenges rely on the new removal-power reasoning, including arguments tied to the Federal Reserve carve-out
In the near term, the biggest question for the public is not just who gets removed—it’s how quickly new leadership changes enforcement and rulemaking priorities, and whether courts scrutinize the legal vulnerability of agency actions during leadership transitions.
Sources
- Supreme Court opinion: Trump v. Slaughter (No. 25-332) (June 29, 2026) — official opinion PDF
- AP News: EEOC commissioner drops lawsuit (reported fallout of removal-power rulings)
- CBS News explainer: what the Slaughter/Humphrey’s Executor shift means for independent agencies
Look for updates to this story
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