Could the End of US Agency Independence Be Near Supreme Court Case Puts Future of Bipartisan Agencies in Peril and Tourism Regulation at Risk

Published on December 9, 2025

Washington, D.C. — For over 100 years, American government agencies have avoided direct political control, which helps maintain the protection of important policies and regulations by nonpartisan and independent players. This tradition is at risk of coming to an end, as there is a case in the US Supreme Court which may change the way federal agencies function. A case which revolves around former President Donald Trump, and his efforts to remove Rebecca Slaughter, a democratic member of the Federal Trade Commission (FTC), as he believed her service to the administration was not in line with his priorities.

The case before the Supreme Court: A Battle for Independence

At the heart of the dispute is the legal question of whether a president can remove an appointee from an independent agency for reasons that are purely political. Rebecca Slaughter, who was appointed to the FTC in 2023 for a seven-year term, has been at the center of the controversy since Trump sought her removal. According to federal law, commissioners of independent agencies like the FTC are protected from removal except for cases of It was stated that commissioners of independent agencies like the FTC can only be removed in cases of inefficiency, neglect of duty, or malfeasance in office. The intention behind this protection is to prevent political interference in the functioning of these agencies, ensuring that they can operate without fear of reprisal from the sitting president.

However, President Trump has challenged this arrangement, arguing that the Constitution grants him the power to remove appointees at will. His legal team argued that Article II of the Constitution grants all executive power to the president and obliges him to ensure that the laws are faithfully executed. In their brief, Trump’s attorneys contend that this language gives the president the authority to remove any executive officers he has appointed, including those in independent agencies like the FTC.

Implications for U.S. Government Agencies

Should the Supreme Court rule in favor of the Trump administration, it could dramatically shift the balance of power within federal agencies. Independent regulatory bodies like the FTC, Federal Reserve, and Securities and Exchange Commission (SEC) have been structured to operate with bipartisan leadership, insulating them from the political whims of the sitting president. This structure allows these agencies to develop consistent, long-term policies that are less susceptible to the fluctuating priorities of changing administrations.

If the Court sides with Trump, it could lead to an erosion of this bipartisan structure, allowing future presidents to remove appointees for purely political reasons. This could undermine the agencies’ independence and jeopardize the transparency and accountability that have been built into the U.S. regulatory system over the years.

The Challenge to Bipartisan Governance

Rebecca Slaughter, in an interview with ABC News earlier this year, emphasized the importance of preserving the independence of agencies such as the FTC. She explained that Congress had designed these agencies, including the FTC, Federal Reserve, and Securities and Exchange Commission, to have bipartisan representation in order to ensure accountability and transparency. Slaughter warned that if political interference became commonplace, it could undermine the very foundation of these agencies.

The case has broader implications as well. Agencies such as the Federal Election Commission, Federal Communications Commission, and National Transportation Safety Board are all designed to function with fixed terms for their members, who are appointed by the president but protected from removal for political reasons. If Trump’s legal argument prevails, these agencies could face similar challenges in the future, leading to a more politicized government structure.

Other Independent Agencies at Risk

Trump’s administration has previously sought to remove members from other independent agencies, including the National Labor Relations Board and the Consumer Financial Protection Bureau (CFPB). Legal battles over these attempts have resulted in court challenges, with some members successfully defending their positions. The outcome of this case could set a precedent for future conflicts between presidents and independent agencies, potentially leading to more frequent confrontations over the scope of executive power.

What’s Next?

The Supreme Court’s decision in this case could have far-reaching consequences for the structure and operation of federal agencies. A ruling in favor of the Trump administration would mark a significant shift in the political landscape, potentially stripping these agencies of their independence and making them more susceptible to political influence.

For now, all eyes are on the high court as it deliberates on the case. The Court’s ruling will likely resonate across a range of independent agencies, setting the stage for future challenges to the system of checks and balances that has defined American governance for over a century.

Conclusion

As Washington, D.C., braces for the outcome of this landmark Supreme Court case, the future of independent federal agencies hangs in the balance. Should the Court side with the Trump administration, the independence that has long protected agencies like the FTC, Federal Reserve, and Securities and Exchange Commission may be undermined. This would reshape the way U.S. government agencies operate, ushering in a new era of presidential control that could weaken the bipartisan spirit that has defined American governance.