Can the President Fire NLRB Members Without Cause? SCOTUS May Decide

This week, we’re examining the potential shake-up in presidential power over independent federal agencies and what a review of a 90-year-old precedent by the Supreme Court of the United States (SCOTUS) could mean for regulatory authority and employers nationwide.

Can the President Fire NLRB Members Without Cause? SCOTUS May Decide

With presidential power over independent federal agencies entering uncharted territory, SCOTUS may soon revisit its 1935 Humphrey’s Executor decision, which limits a president’s ability to fire members of independent federal agencies—such as the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission—without cause. SCOTUS could choose to:

• reaffirm Humphrey’s Executor,
• overturn the case entirely (potentially politicizing agency functions), or
• define “for cause” and allow terminations only under stringent circumstances.

Former Acting Attorney General of the United States and Epstein Becker Green attorney Stuart Gerson explores how a shift in this precedent could impact employers, industries, and the balance of federal power.

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