Supreme Court Suggests Trump Can Fire Agency Heads without Cause

President Trump has attempted to extend his authority over federal agencies that previously operated somewhat outside of direct White House control.  The ability to remove agency heads is consistent with his executive order to take control of independent agencies.  Examples include firing members of the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC), and the Federal Trade Commission (FTC), several of whom filed lawsuits contesting their firings. 

In the past, the firing of so-called independent agency heads by a President was not done.  On May 22, 2025, in an emergency two-page order, the Court allowed President Trump to fire members of independent agencies like the NLRB, even though he had not provided a “for cause” reason for doing so.  Although the Court indicated in its 6-3 ruling, that the agencies at issue “exercise considerable executive power,” thus allowing them to be fired, it was a temporary ruling because the majority left it to lower courts to determine if the NLRB fit within the “few exceptions recognized by precedents” for independent agencies and to allow such firings without cause.  Trump v. Wilcox, U.S. No. 24A966, 5/22/25.  The Court’s conservative majority suggests in its ruling in its review of the exceptions what it sees as broad presidential power to dismiss independent agency officials.  

The result of this ruling appears to leave the NLRB and the EEOC without a quorum necessary to render binding decisions.  However, President Trump has nominated new members of the NLRB and EEOC, but they must first be confirmed by the Senate for the two agencies to have a quorum.

This article is part of our July 2025 Newsletter. 

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