Supreme Court Invalidates For Cause Removal Limits For FTC Commissioners

June 30, 2026

 

What's New

The Supreme Court, in Trump v. Slaughter, held that statutory limits allowing the President to remove Federal Trade Commission (FTC) Commissioners only “for cause” violate the Constitution’s separation of powers. The Court overruled precedent permitting removal protections for leaders of “independent agencies” like the FTC. The decision rests on the conclusion that FTC Commissioners exercise executive power and therefore must be removable at will by the President.

What It Means

The decision makes agencies that exercise executive power more directly responsive to the President, likely including the National Labor Relations Board and Equal Employment Opportunity Commission, which could accelerate workplace policy shifts after changes in administration.

Leadership changes are likely to bring faster shifts in enforcement priorities affecting workplace policies, anti-discrimination compliance, and labor-management relations. The pace and direction of those changes, however, will depend on how quickly new leaders are nominated and confirmed.

What You Should Do

CWC members can monitor key Trump Administration nominations and appointments using this resource. Stay engaged with CWC to track the effects of new agency leadership on workplace regulatory developments. Members can discuss the practical impact of the Court’s decision at our July 30 Member Roundtable or at an upcoming Conversation Corner.





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