FP Predictions: SCOTUS Will Expand President’s Power to Fire Members of Independent Agencies, Setting Stage for Workplace Regulation Shake-Up
The Supreme Court will likely rule in favor of President Trump in a critical pending case that should be decided in early 2026, vastly expanding the president’s power to remove members of independent agencies. That’s according to the consensus predictions of our firm’s thought leaders monitoring Trump v. Slaughter , a high-stakes case that centers on challenges to statutory removal protections for members of the Federal Trade Commission (FTC). But whatever the court decides could ultimately have sweeping implications for other independent agencies like the Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB) – not to mention the fundamental structure of the federal government itself. Read on for an analysis of the issues, our specific predictions on h ow SCOTUS will decide the case, and how a final decision in 2026 could impact employers for years to come. Quick Background Earlier this year, President Donald Trump fired two Democratic Comm...