Gorsuch’s Concurrence in Trump v. Slaughter Signals New Fight Over Agency Power
Justice Gorsuch’s concurrence frames key issues on delegated power after Trump v. Slaughter.
Why it matters: This opinion indicates a major shift in how the Supreme Court views presidential control over independent agencies. The ruling reshapes administrative and constitutional law, affecting how lawyers engage with federal regulatory bodies.
- The Supreme Court ruled on June 29, 2026, that the FTC’s for-cause removal provision is unconstitutional, allowing the President to remove commissioners at will.
- Justice Gorsuch questioned whether Congress would delegate legislative and judicial authority to agencies if it knew the President could control them.
- The ruling overturned the 1935 precedent Humphrey’s Executor, changing the protection of independent agency commissioners.
- This decision impacts agencies like the FTC, SEC, NLRB, and FEC and raises questions about the structure of federal bureaucracies.
On June 29, 2026, the U.S. Supreme Court's decision in Trump v. Slaughter marked a pivotal review of presidential authority over independent federal agencies. The Court held that the Federal Trade Commission's (FTC) provision limiting removal of commissioners "for cause" violated the Constitution’s separation of powers. The ruling now permits the President to remove FTC commissioners at will, overturning the nearly century-old precedent established by Humphrey's Executor v. United States (1935).
Justice Neil Gorsuch’s concurrence underscored critical concerns about the delegation of legislative and judicial powers to independent agencies. He questioned whether Congress would have approved such delegation had it foreseen that those agencies could be controlled directly by the President through removal power: "Would Congress have delegated so much power, including legislative and judicial power, to independent agencies had it known that the President would come to control them?" (read more in his concurrence).
The ruling's scope extends beyond the FTC. Agencies such as the Securities and Exchange Commission (SEC), National Labor Relations Board (NLRB), and Federal Election Commission (FEC) face new uncertainty about their independence and leadership stability. This is part of an evolving legal landscape where the balance of power between Congress, the Executive Branch, and the federal bureaucracy is being recalibrated.
In a related case, Trump v. Cook, the Court held differently regarding the Federal Reserve, preventing removal of Governor Lisa Cook without cause, highlighting the Fed’s unique status.
Gorsuch’s opinion signals a brewing Supreme Court reckoning with delegated authority, raising questions for legislatures and agencies about the future regulatory framework and the President’s unchecked removal powers. For lawyers working in administrative and constitutional fields, this shift demands close attention to agency structure and constitutional law developments.
By the numbers:
- 1935 — year Humphrey’s Executor precedent was established, now overturned
- 2026-06-29 — date of the Trump v. Slaughter Supreme Court decision
- 4 — number of key agencies impacted including FTC, SEC, NLRB, and FEC
Yes, but: The Court maintained unique protections for the Federal Reserve, as seen in Trump v. Cook, indicating not all independent agencies will lose for-cause removal safeguards.
What's next: Watch for Congressional responses, possible legislative efforts to clarify agency powers, and further Supreme Court rulings on executive removal authority.