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On Monday, the U.S. Supreme Court issued its decision in Trump v. Slaughter, ruling that President Trump has the authority to remove Federal Trade Commission (FTC) commissioners without the statutory protections that have historically limited that authority.
The case stems from the removal of FTC Commissioner Rebecca Kelly Slaughter in 2025. After lower courts ruled in her favor and ordered her reinstatement, the Trump administration appealed the case to the Supreme Court.
Chief Justice John Roberts, who penned the 6-3 majority opinion, wrote that “The FTC unquestionably exercises executive power and must therefore be controlled by the Chief Executive.”
Because the legal issues in Slaughter closely mirror those raised in ongoing litigation involving former National Credit Union Administration (NCUA) board members Todd Harper and Tanya Otsuka, today’s decision is expected to provide important guidance to the U.S. Court of Appeals for the D.C. Circuit. While the courts will ultimately determine the ruling’s impact on the NCUA case, additional legal proceedings are likely before that matter reaches its final resolution.
At present, the NCUA Board remains operating with vacancies, and we will continue to monitor developments closely as the implications of today’s decision become clearer. This decision does not change any regulatory requirements for credit unions.