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The Supreme Court redraws presidential power over agencies

Introduction: two rulings, one day, two logics

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Key takeaways
  1. Introduction: two rulings, one day, two logics
  2. A June 29 that will make constitutional law textbooks
  3. On June 29, 2026, the Supreme Court of the United States issued two major rulings on presidential power over independent federal agencies.
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Facts, quotes, and cited links remain in the body. Interpretations are framed as analysis or opinion according to the format.

Introduction: two rulings, one day, two logics

A June 29 that will make constitutional law textbooks

On June 29, 2026, the Supreme Court of the United States issued two major rulings on presidential power over independent federal agencies. In the first, it authorized, by a 6-3 vote, the removal without cause of a commissioner of the Federal Trade Commission, the FTC. In the second, it declined, by a 5-4 vote, to validate the firing of a Federal Reserve governor.

These two rulings, issued the same day by the same Court, draw a precise dividing line between conventional regulatory agencies and the American central bank, whose independence remains, for now, protected.

Why these cases go far beyond their original scope

Beyond the two individuals directly involved, these rulings redefine the relationship between the executive branch and institutions meant to act independently of it. They come as President Donald Trump's administration has repeatedly sought to tighten its grip on the federal administrative apparatus.

This story deserves the rigor that institutional transparency demands, without giving in to the temptation of reducing it to a simple partisan clash between political camps.

I firmly believe judicial transparency is a non-negotiable requirement, no matter who holds the presidency. This case must be judged on the legal facts, not on political allegiances.

The Trump v. Slaughter case, in detail

The firing of a Democratic commissioner

In March 2025, President Trump had fired without cause Democratic commissioner Rebecca Slaughter along with her colleague Alvaro Bedoya from the Federal Trade Commission. That decision was immediately challenged in court, with Slaughter arguing that federal law protects FTC commissioners from arbitrary removal, except in cases of proven misconduct or incompetence.

The case quickly climbed the judicial ladder to the Supreme Court, which had to settle a fundamental question: does the president have the power to remove members of so-called independent agencies at his own discretion?

A 91-year-old precedent overturned

In his majority opinion, Chief Justice John Roberts effectively overturned the precedent set by the 1935 Humphrey's Executor ruling, which had historically protected commissioners at agencies like the FTC from discretionary removal by the president. Justice Neil Gorsuch, in a concurring opinion, wrote that independent agencies turn out to be "not so independent after all."

Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented, arguing that this ruling dangerously weakens the historical independence of economic regulatory agencies from the executive branch.

Overturning a 91-year-old precedent is never a trivial move. Even though I understand the majority's constitutional argument about executive power, I remain concerned about what this means for the future independence of economic regulators.

The Trump v. Cook case and the Federal Reserve

An attempted removal over alleged mortgage fraud

In August 2025, President Trump had attempted to remove Federal Reserve governor Lisa Cook, accusing her of committing mortgage fraud. Cook firmly denied the allegations and challenged her removal in court, arguing that the law governing the Fed requires due process before removing one of its governors.

This case raised a question distinct from the FTC one: does the Federal Reserve, as the central bank responsible for monetary policy, deserve stronger constitutional protection than other federal agencies?

A narrow victory for Fed independence

By a narrow 5-4 majority, the Supreme Court ruled that Lisa Cook must receive due process, including notice and a hearing, before her removal can be validated. This ruling does not definitively close the case, since the Trump administration could theoretically attempt another removal by this time following the procedural requirements identified by the Court.

Nonetheless, this ruling sends a clear signal: the Court's majority, including some conservative justices, considers that the Federal Reserve occupies a special place warranting greater protection from direct political interference.

I see in this ruling a legitimate relief for anyone who cares about economic stability. A central bank subject to the political whims of the moment would be a serious risk to America's financial credibility.

The central role of Chief Justice John Roberts

Author of both majority opinions

Notably, Chief Justice John Roberts personally wrote the majority opinions in both cases, illustrating his intent to personally draw the dividing line between ordinary regulatory agencies and the central bank. This dual authorship is not trivial in building a coherent constitutional doctrine.

By writing both rulings, Roberts ensures the underlying logic stays consistent: the president's removal power extends to conventional regulatory agencies, but stops, at least for now, at the doors of the Federal Reserve.

A doctrine of cautious compromise

This approach can be read as an attempt at cautious compromise between two camps within the Court: those who want to significantly strengthen executive power over the federal administration, and those who fear the consequences of broadly weakening institutional independence.

By drawing a specific line around monetary policy, the Court avoids, for now, opening the door to a broader challenge to the Fed's independence, while granting the executive branch greater power over other economic and social regulatory agencies.

I note with a certain respect Roberts's judicial strategy. Whether or not one agrees with the outcome, there's a deliberate intellectual coherence to this two-track approach.

The consequences for independent federal agencies

A new vulnerability for many regulators

The ruling in the Slaughter case potentially opens the door to similar removals at other independent federal agencies, such as the Securities and Exchange Commission or the Federal Communications Commission, whose legal structures resemble the FTC's. Commissioners at these agencies could now find themselves in a much more precarious position facing a president determined to replace them.

This new vulnerability could, according to several legal analysts, influence the very behavior of sitting regulators, who might become more hesitant to make decisions contrary to the executive branch's stated priorities, out of fear of retaliation.

A debate on the future of economic regulation

This paradigm shift reignites a broader debate on the ability of regulatory agencies to function truly independently in the face of political pressure, a principle considered for decades to be a pillar of modern American economic governance.

Defenders of this institutional independence warn that its gradual erosion could, over time, affect the credibility of American regulatory decisions in the eyes of markets and international trading partners.

This is exactly the kind of domestic overreach I consider necessary to call out without complacency, even though I otherwise recognize the strength of this administration's international posture on other issues.

What this means for the Fed's independence

Protection maintained but fragile

While the Cook ruling preserves, for now, the independence of the Federal Reserve, it does not establish it definitively and absolutely. The narrow 5-4 majority illustrates a deep divide within the Court itself on this question, leaving uncertainty over the outcome of future similar challenges should the Court's composition change.

Financial markets, highly sensitive to any perceived political interference in monetary policy, will watch closely for future developments in this case, particularly if the Trump administration decides to attempt another removal of Lisa Cook while following the now-clarified procedural requirements.

The stakes for international monetary credibility

The American central bank's independence is a pillar of international confidence in the dollar and American financial markets. Any perceived weakening of this independence could have repercussions for global monetary stability, well beyond America's borders.

It's this international dimension that explains why this case has been followed with particular attention by economists and financial institutions across the Western world, beyond the simple internal legal debate within the United States.

I consider preserving the Fed's independence not a favor granted to Lisa Cook personally, but an essential protection for the economic credibility of the entire Western system.

The reaction from the White House and Democrats

A victory claimed by the administration

The Trump administration presented the ruling in the Slaughter case as a validation of its vision of executive power, arguing that the president must have full authority over agencies that exercise executive power on behalf of the federal government. This reading fits into a broader legal strategy pursued since the start of the second presidential term.

Supporters of this approach argue that democratic accountability requires that federal agencies answer to an elected executive, rather than functioning as technocratic structures largely shielded from political control.

The concerns raised by Democratic opposition

Conversely, several Democratic lawmakers and consumer advocacy organizations expressed strong concerns about this ruling, fearing it opens the door to greater politicization of agencies meant to protect consumers and investors impartially, regardless of electoral cycles.

Rebecca Slaughter herself, in public statements following the ruling, warned that this shift could durably weaken regulatory agencies' ability to resist pressure from large corporations and their political allies.

Both sides have arguments worth hearing. But I lean toward institutional caution: weakening safeguards against executive overreach is rarely a good idea, no matter who occupies the White House.

The broader context of institutional tensions

A coherent legal strategy since 2025

These two rulings fit into a broader series of legal challenges initiated by the Trump administration since the start of its second term, aimed at expanding presidential power over various components of the federal apparatus, from regulatory agencies to traditional executive departments.

This strategy reflects a particular constitutional vision, sometimes called the unitary executive theory, according to which the entire federal executive branch must be directly subordinate to presidential authority, without significant zones of administrative autonomy.

A debate that outlasts the current presidency

It's essential to remember that this constitutional debate extends far beyond Donald Trump's presidency: the precedents set today will also apply to future presidents, whether Democratic or Republican, which explains the caution of some conservative justices toward too broad and too rapid an expansion of executive power.

This bipartisan dimension of the debate deserves to be underscored, as it's a reminder that the legal precedents created today will durably shape the balance of power long after the current term ends.

This is exactly why I refuse to reduce this story to a simple fight between political camps. Legal precedents outlive the presidents who create them, and that's precisely what should worry everyone.

The future fate of other independent agencies

This ruling leaves several important legal questions unresolved, particularly about the fate of other federal agencies with protective structures similar to the FTC's. Lower courts will now have to apply the Supreme Court's reasoning to a series of potentially similar cases involving other federal commissions and boards.

This legal uncertainty could fuel prolonged litigation in the months and years ahead, as various agencies test the precise limits of this new constitutional doctrine established by the Court.

The possible return of the Cook case to court

Since the Supreme Court did not definitively rule on the merits of the Cook case, only on a procedural requirement, it remains possible that the Trump administration will attempt another removal of Lisa Cook, this time following the procedures the Court identified. If that scenario unfolds, the case could return to the courts, prolonging the uncertainty surrounding the Fed's independence.

This possibility illustrates well that the June 29, 2026 ruling, while significant, likely does not represent the final word on this major institutional dispute between the executive branch and the American central bank.

I personally expect this legal saga isn't over. As long as the administration has a legal procedural path to try again, the question of the Fed's independence will remain unresolved.

The historical precedents invoked by both sides

Humphrey's Executor, a founding ruling called into question

The Humphrey's Executor ruling, issued in 1935, had established for nearly a century that Congress could legally protect certain independent agency commissioners from discretionary presidential removal, provided those agencies exercised quasi-legislative or quasi-judicial functions rather than purely executive ones.

This precedent had withstood several challenges over the decades, but the Supreme Court's current composition, marked by an assertive conservative majority, ultimately opened the door to its partial revision in the specific context of the FTC.

The historical distinction with the Federal Reserve

Defenders of the Fed's independence rely on a historical distinction recognized by the Court itself: the Federal Reserve occupies a unique position in the American institutional architecture, due to its central role in the country's monetary and financial stability, distinct from the more conventional economic regulatory functions the FTC performs.

This distinction, though it temporarily preserved the Fed's independence in the Cook case, rests on a narrow majority that may not withstand future challenges should the Court's composition shift further toward a more expansive reading of executive power.

The history of American constitutional law shows that the most fragile distinctions often end up giving way under the pressure of time. I wouldn't be surprised if this debate resurfaces with more intensity in the years ahead.

The international dimension of this ruling

A signal watched beyond American borders

The American Supreme Court's rulings on the independence of regulatory institutions and the central bank do not go unnoticed abroad. Many Western economies are closely watching the evolution of the American model of institutional independence, a model that has long served as a reference for other democracies.

A perceived weakening of this independence could influence similar debates in other Western countries, where the question of central bank and economic regulator autonomy from political power remains a regularly debated topic.

Global market confidence at stake

International financial markets place great importance on the perceived independence of the American Federal Reserve, whose monetary policy decisions directly influence the global economy. Any prolonged uncertainty about this independence could introduce additional volatility in international financial markets.

That's why this case, though rooted in American constitutional law, carries an importance that extends well beyond national borders and deserves the attention of any serious observer of Western economic affairs.

I think people outside the United States often underestimate how much these internal legal rulings have very real repercussions on the global economic stability our own prosperity also depends on.

What this reveals about America's balance of power

A system of checks and balances under strain

The American constitutional system has historically rested on a delicate balance between the executive, legislative, and judicial branches, as well as between centralized administration and agencies with relative autonomy. The June 29, 2026 rulings illustrate just how much this balance remains a fragile construction, constantly renegotiated by the courts over the decades.

This constant renegotiation is not necessarily a sign of institutional dysfunction, but it demands ongoing vigilance from citizens, legal scholars, and journalists to ensure that doctrinal shifts reflect solid constitutional principles rather than short-term political calculations.

The importance of transparency in this debate

Given the technical complexity of these legal questions, it's essential that public debate remain informed by rigorous and transparent coverage of the real stakes, rather than by partisan simplifications that obscure rather than clarify citizens' understanding of these crucial rulings.

It's this demand for transparency that must guide any serious analysis of this case, regardless of each person's political preferences on the broader question of presidential power.

I always come back to this simple principle: institutional transparency protects everyone, including those who currently support a strong executive. Precedents cut both ways, depending on who holds power tomorrow.

The next steps to watch

The judicial calendar ahead

In the coming months, it will be important to watch closely how lower courts apply the Supreme Court's reasoning to other federal agencies, as well as possible developments in the Cook case should the Trump administration decide to attempt another removal procedure that complies with the now-clarified requirements.

These developments will concretely determine the real scale of the institutional change these two rulings set in motion, beyond their immediate symbolic reach.

The necessary attention of citizens and journalists

This story demands sustained attention from citizens and the media, not to fuel further polarization, but to ensure that American democratic institutions continue to function with a minimum of safeguards against any temptation toward excessive concentration of power, regardless of which party holds it.

It's in this spirit of factual, nonpartisan vigilance that this story will continue to be followed, with a commitment to reporting future developments with the same rigor applied to this initial analysis.

I commit to continuing to follow this story with the same demand for rigor, without indulgence toward either political camp, because that is exactly what democratic transparency requires of all of us.

The concrete impact on businesses and consumers

Potentially more volatile economic regulation

For American businesses subject to FTC oversight, this ruling introduces additional uncertainty about the continuity of regulatory priorities from one administration to the next. A change in president could now trigger faster and more complete reversals of the commission's direction, without the traditional safeguards that previously limited the executive's direct influence.

This increased volatility could complicate long-term planning for businesses, particularly in the technology and financial sectors, where FTC decisions on competition and consumer protection carry considerable economic consequences.

Consumers facing potentially weakened protection

Consumer advocacy organizations worry that an FTC more directly subject to presidential influence could, over time, reduce its independence in pursuing cases against large corporations close to whichever political power is in office, regardless of the future administration involved.

This fear, though speculative at this stage, illustrates the scale of potential consequences this judicial ruling could have on the daily economic lives of American citizens, well beyond narrow constitutional law circles.

I believe this is the real long-term test of this ruling: will ordinary consumers lose real protection, or will today's fears remain largely theoretical? Only time will tell.

Conclusion: a redefined balance, a necessary vigilance

Two rulings, one lesson

The June 29, 2026 rulings in the Slaughter and Cook cases illustrate the persistent complexity of the American debate over the balance between executive power and institutional independence. By authorizing the discretionary removal of an FTC commissioner while preserving, for now, the procedural independence of the Federal Reserve, the Supreme Court drew a precise but potentially fragile line.

This line could shift with future legal challenges, making rigorous, ongoing monitoring of this story essential for everyone who cares about the strength of Western democratic institutions.

A demand for transparency that must never weaken

Whichever political side one supports, the demand for institutional transparency and respect for due process must remain an absolute priority. It's this demand, more than any partisan preference, that must guide our collective reading of these historic rulings handed down by the highest American court.

History will judge whether this evolution in American constitutional law strengthened or weakened Western democracy, but it can only do so fairly if citizens remain informed and vigilant with every new step in this constantly evolving story.

I close this story the way I opened it: demanding verified facts rather than assumptions about intent. That's the only responsible way to cover a subject this consequential for American democracy.

By Maxime Marquette, columnist

Columnist's transparency note

Who I am and my limits

I am not a constitutional lawyer. I rely on public court rulings, analyses from specialized legal journalists, and reports from major news agencies to build this analysis, without claiming to offer professional legal expertise.

My acknowledged bias is a sincere attachment to institutional transparency and the independence of checks and balances, regardless of which political party holds the presidency at any given moment.

What I don't know and my method

I did not have access to the full technical text of the judicial opinions in their entirety, only to the summaries and excerpts reported by reliable journalistic and legal sources. Future developments in the Cook case remain, by nature, impossible to predict with certainty at this stage.

My method consisted of cross-referencing several independent journalistic sources along with specialized legal analyses to present as balanced a picture as possible of this complex and evolving story.

Sources

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Secondary sources

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Cite this article

Maxime Marquette (2026). The Supreme Court redraws presidential power over agencies. MadMax. https://mad-max.co/en/article/la-cour-supreme-redessine-les-pouvoirs-presidentiels-sur-les-agences

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Maxime Marquette
Independent columnist

Maxime Marquette writes most of the analyses and columns published on MadMax — geopolitics, technology, and current events, no filler.

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