Members of the Federal Trade Commission (FTC) are no longer shielded from removal by the President without cause, signaling a significant shift in the autonomy of so-called independent agencies. According to Jonathan H. Adler in his July 22, 2026, Reason article, Congress appears unable to limit the President's authority to remove principal officers exercising executive power, with the Federal Reserve being a possible exception.
Adler notes that independent agencies like the FTC have long aligned their agendas with the sitting President, but the recent Supreme Court decision in Slaughter has accelerated changes that may not yet be fully understood. One notable effect is the increased centralization of power in the hands of agency Chairs. This trend was evident during Lina Kahn's tenure as Chair of the FTC, where the importance of the agency's multi-member composition diminished relative to the Chair's influence.
Following the Slaughter decision, the President removed all remaining members of the Election Assistance Commission, potentially crippling its ability to assist states with election administration and to set rules for mail voter registration applications.
The National Labor Relations Board (NLRB) faces similar challenges. While the President may seek to remove members perceived as too favorable to union complaints, doing so risks leaving the NLRB without a quorum. This could prevent the Board from ruling on employer complaints and hinder the revision or rejection of unfavorable agency precedents.
These developments mark a turning point in the balance of power within federal agencies, raising questions about the future role and independence of such bodies.
Sources
- Jonathan H. Adler, "The End of Independent Agencies," Reason, July 22, 2026. Read more
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