A new report from the Economic Policy Institute and The Century Foundation details the Trump administration’s unprecedented assault on independent agencies and the consequences for workers and the public. With the Supreme Court announcing it will hear a case that could give Trump unchecked power over independent agencies, the report details the important role their independence has played in protecting the U.S. public, and how their functions would be compromised if brought under the direct control of the Trump White House.

For more than 100 years, the United States has relied on independent agencies to provide essential protections to workers, consumers, retirees, and the general public. Congress carefully and intentionally designed these agencies—like the Federal Reserve and the National Labor Relations Board—to ensure they could fully realize their missions without being directly affected by political influence. 

However, since taking office, President Trump has fired board members and commissioners of independent agencies despite explicit legal prohibitions, politicized agencies’ rulemaking processes, and brought the functions of certain agencies to a halt. Beyond causing immediate harm to the U.S. public, these actions also create tremendous potential for abuses of power that could let wealthy corporations pad their profits at the expense of ordinary people’s lives and livelihoods. 

And now, the Supreme Court could upend 90 years of precedent after agreeing to take up Trump v. Slaughter this term, which would overturn Humphrey’s Executor v. United States and affirmatively vest presidents with the power to fire heads of independent agencies without cause. While it is unclear how broadly the Court’s ruling will sweep, eliminating these removal protections would jeopardize all facets of agency independence, as agency leaders would be reluctant to engage in regulatory or enforcement actions without coordinating with the White House for fear of termination.

“Independent agencies are an invaluable part of the government because they make decisions based on expertise to serve the public good, not the president’s political agenda,” said Lauren McFerran, senior fellow at The Century Foundation and co-author of the report. “For decades, these agencies have been uniquely capable of holding corporations and other powerful actors accountable regardless of their political connections, but that independence is disappearing before our eyes.”

“Trump’s attack on independent agencies endangers us all,” said Celine McNicholas, director of policy/general counsel at EPI and co-author of the report. “These agencies impact our country at all levels, from our workforce to our economy to the products we use in our homes. No one wants unqualified politicians making these decisions based on which company gave them the most political contributions.”