Separation of Powers Supreme Court Overrules 90-Year Precedent on Presidential Removal Authority
Published: July 1, 2026 | Category: U.S. Supreme Court | Constitutional Law
The U.S. Supreme Court has ruled 6–3 that statutory restrictions limiting the president’s authority to remove leaders of certain independent executive agencies are unconstitutional, marking one of the most significant administrative law decisions in decades.
The ruling, issued in Trump v. Slaughter (No. 25-332), overturns the Court’s 1935 decision in Humphrey’s Executor v. United States, which had allowed Congress to provide “for-cause” removal protections for members of some independent regulatory commissions.
Writing for the majority, Chief Justice John Roberts concluded that officials exercising executive authority must remain accountable to the president under Article II of the U.S. Constitution.
The Constitutional Question
The case arose after the Trump administration removed Federal Trade Commission (FTC) Commissioners Rebecca Slaughter and Alvaro Bedoya in early 2025.
The dismissal notices stated that their continued service was “inconsistent with the administration’s priorities.”
Under the Federal Trade Commission Act, FTC commissioners serve staggered seven-year terms and historically could be removed before their terms expired only for “inefficiency, neglect of duty, or malfeasance in office.”
