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The RecordExhibit 110

Checks & balances

Firing the Democrats on independent agencies, and winning at the Supreme Court

CriticizedLast checked Oct 3, 2026

Criticized means: Legal, or a policy choice, but widely condemned.

Trump fired Democratic members of agencies Congress designed to be independent, including both Democratic commissioners of the Federal Trade Commission on March 18, 2025, despite laws that allowed removal only for cause.

What happened

Similar firings hit the National Labor Relations Board, the Merit Systems Protection Board and the Equal Employment Opportunity Commission. Lower courts reinstated several of the officials under Humphrey's Executor, a 1935 Supreme Court precedent that let Congress shield such commissioners from political removal. The FTC was left with two commissioners, both Republicans.

Where it stands

On June 29, 2026, the Supreme Court ruled 6 to 3 in Trump v. Slaughter that the president may remove such officials at will, overruling the 91-year-old precedent and declaring the for-cause protections unconstitutional. The firings stand, and other fired officials dropped their challenges. The same day, in a separate 5-to-4 ruling, the court let Federal Reserve Governor Lisa Cook keep her seat while her case continues.

The administration's side

The administration argued that the FTC and similar agencies wield executive power the Constitution places under the president's control. FTC Chairman Andrew Ferguson said he had no doubts about the president's authority to remove commissioners and called it necessary for democratic accountability; the White House said Slaughter's continued service would not align with its priorities.

Sources

See it in the timeline

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