Supreme Court Frees Trump to Fire Independent Regulators, but Shields the Fed
June 30, 2026
Yesterday, the Supreme Court handed President Trump sweeping power to remove independent regulators at will, while carving out a pointed exception that protects the Federal Reserve, including, for now, Fed governor Lisa Cook.
Why it matters: The split rulings mark a shift of power from Congress to the president, giving the White House more direct control over more than two dozen agencies that oversee consumers, workers, the environment and nuclear safety.
Driving the news: In a 6-3 ruling, the court cleared the way for Trump to fire Rebecca Kelly Slaughter, a Democratic FTC commissioner, despite a law allowing removal only for "inefficiency, neglect of duty or malfeasance in office."
- The decision formally overrules Humphrey's Executor v. United States, the 1935 precedent that for 90 years protected FTC commissioners and similar regulators from being fired over policy disagreements. "If anything more is left of Humphrey's, we overrule it," Chief Justice John Roberts wrote for the majority.
- The court found the FTC's for-cause protection contrary to the Constitution's separation of powers. The three liberal justices dissented.
Yes, but: In a separate 5-4 decision, the court blocked Trump from immediately ousting Cook, ruling she was entitled to notice and a chance to respond before being fired, though not a full trial or a meeting with Trump himself.
- The majority was an unusual coalition: Roberts and fellow conservative Brett Kavanaugh joined the three liberals; the other four conservatives dissented.
The removal power compounds executive orders Trump has issued to pull regulatory rulemaking toward the White House and Treasury.
- His February 2025 "Ensuring Accountability for All Agencies" order requires independent agencies to submit major rules to the White House budget office (OMB/OIRA) for review before publication, with a carve-out for the Fed's monetary-policy functions.
- Treasury Secretary Scott Bessent has signaled Treasury intends to play a bigger role in bank regulation, with the prudential regulators following his lead.
Catch up quick: Trump announced Cook's firing last August, the first time in the central bank's history a president had tried to remove a board member.
- He cited allegations from FHFA Director Bill Pulte that Cook claimed two homes as her primary residence on 2021 mortgage paperwork to get better loan terms. Cook has denied any wrongdoing.
- A federal law lets the president remove Fed members only "for cause." Two lower courts had blocked the firing while her suit proceeded.
The bottom line: The court gave Trump broad new authority over the regulatory state. Paired with his executive orders steering rulemaking through Treasury and the White House, the executive branch now reaches deeper into how agencies are run and how their rules are made.
- We might also see less stability in bipartisan commissions such as the Securities and Exchange Commission (SEC) if presidents can fire commissioners at will. This could lead to greater regulatory volatility across future administrations.
- The Fed, for now, sits in a protected class of its own.
Contact
Sairah Burki
Managing Director,
Head of Regulatory Affairs
703.201.4294
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