I write to urge your immediate attention to a concerning direction signaled by the U.S. Supreme Court. On May 22, 2025, the Court issued an emergency stay in Trump v. Wilcox, allowing the president to remove members of independent agencies like the National Labor Relations Board and the Merit Systems Protection Board without showing cause.
Though not a final ruling, the decision reveals a clear inclination by the Court’s majority to overturn long-standing protections established in Humphrey’s Executor v. United States (1935), which upheld Congress’s authority to limit the president’s removal power over officials who do not serve at his pleasure. This shift places the independence of expert agencies in serious jeopardy.
Guarding Impartial Governance Against Politicization
Independent agencies are designed to apply evidence-based judgment, insulated from political pressure. The Court’s signal invites a future where those protections could vanish, making it easier for a president to replace experienced commissioners with loyalists based on ideology alone. This undermines fair labor practices, civil service protections, regulatory stability, and public trust.
What Congress Can Do to Preserve Balance
Congress should not wait for a final ruling to act. I strongly urge you to:
• Enact legislation that codifies “for cause” protections for officials serving in independent agencies.
• Reaffirm the constitutionally distinct role of expert agencies in administering federal policy.
• Establish legal safeguards ensuring these bodies can operate free from undue executive influence.
Prevent the Erosion of Institutional Checks and Balances
As the Court signals openness to dismantling agency independence, Congress must use its legislative power to shore up the foundations of democratic governance. Decades of bipartisan consensus have supported the value of impartial agency expertise. That principle must be defended now—before it is too late.
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