Presidential Removal Power: What Today’s Supreme Court Case Means for Feds
agency independence civil service protections federal employment mspb appeals supreme court Dec 08, 2025or many federal employees, the fear sits quietly beneath the usual stressors: Could a president fire people simply for not falling in line? Today’s Supreme Court arguments bring that question into sharper focus. While the case directly concerns an FTC commissioner, its logic could ripple far beyond the senior ranks.
Why an FTC Commissioner’s Removal Matters to Career Employees
Earlier this year, the President removed FTC Commissioner Rebecca Slaughter, asserting she did not align with his agenda. That removal collided with a long-standing statute permitting termination only for cause—serious misconduct or neglect, not political disagreement. For decades, the Supreme Court has upheld Congress’s power to insulate certain officials so agencies like the FTC, NLRB, and MSPB can function without raw political pressure.
Today, the administration is urging the Court to abandon that protection and declare that the President can remove such officials at will. If granted, it would mark a significant recalibration of the balance between executive authority and agency independence.
How This Could Affect You—Even If You’re in a Cubicle at VA or DHS
This case does not erase the Title 5 civil service protections that shield most career employees from political firing. But it does signal a judiciary increasingly open to expanding presidential power over the administrative state. When independence erodes at the top, it rarely stays contained there.
If more agency heads become fully political—serving entirely at the pleasure of the President—the downstream effects can include:
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Faster turnover in senior leadership and more politicized decision-making.
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Narrower internal checks on illegal or retaliatory directives.
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Pressure on agencies to reorganize or reshape positions in ways that indirectly weaken merit-based rights.
For GS-9s and above already navigating RIF threats, politicized reassignments, or shifting rules, this trend adds another layer of instability. Understanding the direction of the law becomes as important as responding to any single action your agency takes.
A Mindful Way to Hold This Moment
The next month is likely to bring significant decisions across multiple Supreme Court cases touching federal employment. The instinct for many is to catastrophize. A more grounded approach is to stay informed, document changes, and recognize that civil service protections are not erased overnight—Congressional statutes, MSPB precedent, and EEO laws remain fully in force unless explicitly altered.
Anxiety often spikes when the future feels unbounded. Re-centering on what remains true today can keep your decision-making clear even as the legal landscape shifts.
Looking Ahead
The justices hear arguments today. Tomorrow, we’ll know more about how receptive the Court is to expanding presidential removal power—and what that could mean for roles traditionally buffered from politics.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.
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