Which court ruling set the test for a president firing commission members?
Research question: What have appeals courts said when a president removed members of a multi-member commission, and which ruling set the test for those removals?
The records show that the D.C. Circuit, sitting en banc, denied the government's motion for a stay of Gwynne Wilcox's reinstatement, reasoning that the Supreme Court's statements that Humphrey's Executor remains precedential required that result 2. The Ninth Circuit panel in Seila Law affirmed the district court and treated Humphrey's Executor and Morrison as controlling on for-cause removal 18. The test itself traces to the Supreme Court's 1935 Humphrey's Executor decision, which upheld FTC commissioner protections and limited Myers to "purely executive" offices 17. Seila Law (2020) later confined Humphrey's Executor to multimember agencies that do not wield substantial executive power 9. In Trump v. Slaughter, decided June 29, 2026, the majority held that heads of multi-member agencies exercising executive power may be removed at will and declared that any remaining Humphrey's Executor is overruled 2214, so the newest fact is about three months old as of October 2026.
Sources
"In an opinion written by Justice George Sutherland , the Court ruled that it was not a violation of the Constitution for the FTC Act to limit the power of the President to remove FTC commissioners only to situations involving "inefficiency, neglect of duty, or malfeasance in office""Humphrey's Executor v. United States
"The government sought a stay of the district court opinion in the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit), which, sitting en banc, held that “[t]he Supreme Court’s repeated and recent statements that Humphrey’s Executor . . . remain[s] precedential” required denial of the motion."PDF Trump v. Slaughter and the Future of For- Cause Removal Protections
"The President has the exclusive authority to remove "administrative officers" and the Take Care Clause generally limits Congress from restricting this power."Myers v. United States
"But the members of these agencies, too, were removable by the President at will."PDF 25-332 Trump v. Slaughter (06/29/2026) - Supreme Court of the United States
"Several of Trump's early steps as president was to dismiss heads or commissioners of independent agencies, leading to lawsuits challenging these dismissals under Humphrey's Executor ."Humphrey's Executor v. United States
"A federal district court first issued a decision reinstating Wilcox, holding that the President’s action violated the applicable statutory removal limitation and that, under Humphrey’s, the limitation did not unconstitutionally infringe on the President’s removal power."PDF Trump v. Slaughter and the Future of For- Cause Removal Protections
"The Taft Court's broad view of the president's "constitutional duty of seeing that the laws be faithfully executed" was soon thereafter limited in Humphrey's Executor v. United States (1935) to "purely executive" offices."Myers v. United States
"the first of the three, the Revolutionary War Debt Commission, was composed solely of Presidential appointees"PDF 25-332 Trump v. Slaughter (06/29/2026) - Supreme Court of the United States
"In a 2020 decision Seila Law v. CFPB the Chief Justice wrote that Humphrey's Executor applied to multimember agencies "that do not wield substantial executive power" and would not be extended to "new situations"."Humphrey's Executor v. United States
"Courts initially applied Humphrey's broadly to uphold for-cause removal protections for multimember boards intended to operate with some independence from presidential control and with functions that were characterized as “quasi-legislative” or quasi-judicial.”"PDF Trump v. Slaughter and the Future of For- Cause Removal Protections
"In 1935, in Humphrey's Executor the Supreme Court upheld a statute protecting the FTC Commissioner from politically motivated removal."Myers v. United States
"What text, history, and structure settle, the Court’s precedent confirms—the President may remove his subordinates at will."PDF 25-332 Trump v. Slaughter (06/29/2026) - Supreme Court of the United States
"the Supreme Court stayed the reinstatement of two independent regulators, Gwynne Wilcox of the National Labor Relations Board and chair Cathy A. Harris of the Merit Systems Protection Board , pending further review in lower courts."Humphrey's Executor v. United States
"In Slaughter, the majority declared that “If anything more is left of Humphrey’s,” it is “overruled.”"PDF Trump v. Slaughter and the Future of For- Cause Removal Protections
"In Wiener v. United States the Court said the Humphrey's decision "narrowly confined the scope of the Myers decision"."Myers v. United States
"In Seila Law LLC v. Consumer Financial Protection Bureau (2020), the Roberts Court reaffirmed the core holding of Myers that the president generally has an unencumbered removal power."Myers v. United States
"The Court recognized that the President may generally remove officers at will. However, the Court stated that there were two exceptions to this rule."Seila Law LLC v. Consumer Financial Protection Bureau
"On appeal at the Ninth Circuit , the circuit panel affirmed the district court's ruling, and agreed that the Supreme Court's prior decisions upholding for-cause removal in Humphrey's Executor and Morrison were controlling."Seila Law LLC v. Consumer Financial Protection Bureau
"It also referred approvingly to the en banc decision of the DC Circuit in PHH Corp. v. CFPB (2018), in which the Circuit found that the structure of the CFPB was constitutional."Seila Law LLC v. Consumer Financial Protection Bureau
"Most courts that had considered the question found that for-cause removal of the CFPB director was constitutional."Seila Law LLC v. Consumer Financial Protection Bureau
"The President may remove a member of the Amtrak Reform Board without cause."Holdover and Removal of Members of Amtrak's Reform Board (Department of Justice Office of Legal Counsel, 2003-09-22)
"the Court held that heads of multi-member independent agencies who exercise executive power — including rulemaking, adjudication, and civil enforcement power — may be removed by the president at will, without the “for cause” protection provided by Congress."The End of For-Cause Removal? Supreme Court Reshapes Removal Protections for Independent Agency Leadership
"This decision overturned foundational precedent in Humphrey’s Executor v. United States that for nine decades has shielded heads of independent regulatory agencies from presidential removal at will."The End of For-Cause Removal? Supreme Court Reshapes Removal Protections for Independent Agency Leadership
"The Court of Appeals declined to stay the injunction, and the government appealed to the Supreme Court for a stay pending appeal"The End of For-Cause Removal? Supreme Court Reshapes Removal Protections for Independent Agency Leadership
"which requires a “substantial threshold” showing that turns on whether the “cause assigned” truly “implies an unfitness for the place,” or is instead a pretext to secure a “more congenial” replacement."The End of For-Cause Removal? Supreme Court Reshapes Removal Protections for Independent Agency Leadership
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