U.S. Supreme Court police officers stand in front of the Supreme Court amid renovations as the justices hear oral arguments on President Donald Trump's push to expand control over independent federal agencies, on Capitol Hill in Washington, Monday, Dec. 8, 2025. (AP Photo/J. Scott Applewhite)
The U.S. Supreme Court on Monday heard oral arguments in Trump v. Slaughter, a high-stakes separation-of-powers case that could determine whether former President Donald Trump acted within his authority when he removed an independent Federal Trade Commission member. But the justices’ questions also cast a long shadow over a separate case still pending, that of former NCUA Board Chair Todd Harper and Board Member Tanya Otsuka, who were similarly ousted earlier this year by the Trump administration.
In arguments that lasted more than 90 minutes, justices pressed attorneys on the constitutionality of removal restrictions placed on members of independent regulatory agencies. Justice Elena Kagan emphasized Congress’s long tradition of shielding such officials from political interference: “The entire reason for independent agencies is to take some things out of politics.”
At issue is whether Congress can protect officials like FTC Commissioner Rebecca Slaughter, and, by extension, NCUA Board members, from at-will removal by a president. The Court’s ruling in Slaughter could directly influence the outcome of the Harper/Otsuka litigation, which is currently paused at the D.C. Circuit.
Former President Trump’s legal team argued that presidents must have full removal authority to ensure accountability. Justice Brett Kavanaugh suggested that dual-layer removal protections, requiring cause for firing, may be too restrictive, while Justice Ketanji Brown Jackson pushed back, noting that independent agencies “serve a very different constitutional purpose.”
Harper and Otsuka have filed their own petition with the Court, asking for a ruling on whether their ouster violated both statutory removal protections and constitutional norms. The Court denied their request to hear the case on Nov. 24.
A decision in Slaughter is expected sometime in the first half of 2026, with significant ramifications for the credit union industry and the structure of independent federal oversight, including the NCUA.
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