Donald Trump prevailed in a federal appeals court decision that, in a 2-1 ruling with Gregory Katsas and Justin Walker in the majority and Florence Pan dissenting, affirmed that the president may dismiss officials from independent agencies at will.The Supreme Court is weighing multiple cases this term, including "Trump v. Slaughter", which raises First Amendment questions about limits on immigration judges, and the challenge by Rebecca Slaughter to "Humphrey’s Executor", a test that could overturn precedent and weaken protections for agencies such as the FTC, SEC and the Federal Reserve.John Roberts is leading a conservative majority that has shown openness to overruling
Humphrey’s Executor, and the resulting uncertainty has left officials such as
Lisa Cook and
Shira Perlmutter in contested positions while scholars
Caleb Nelson and
Jane Manners file historical briefs and
Neil Gorsuch has noted back pay could be possible if a firing is unlawful.