Accessibility Tools

Skip to main content

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. 

View the newsletter online

Download the newsletter as a PDF

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.
ai, human reach out
A January 20, 2026, class action filed against Eightfold AI, Inc. in California is sending shockwaves through the employer and AI community…
danger sign, skull
A second “bombshell” affecting HR pertaining to AI is a federal court ruling in New York, that a defendant’s use of AI in researching and p…
CHAT GPT
Soon after the deciding of the above-discussed case on February 17, 2026, in U.S. v. Heppner, a criminal case in the District Court for the…
avoid, wave away
There are no easy answers to the above question, but some general observations will nevertheless be made.  First, the New York district cou…
ai visualization
Perhaps the starting point is to look at the type of AI platforms generally available.  At a recent conference about AI use for HR, speaker…
june 2026 legal immigration webinar promo graphic
The webinar will cover how to deal with a worksite enforcement action and various types of immigration enforcement activities. The webinar…