Capture & intimidate the court
The Referees Can Be Fired Now
The Supreme Court removed the shield around independent agencies. Eleven days later, Trump removed the election referees.
First the Supreme Court removed the shield. Eleven days later, Trump removed the election referees. In March 2025 he fired two FTC commissioners despite a ninety-year-old precedent protecting independent agencies. In June 2026, the Court overruled that precedent 6-3, saying Congress could no longer insulate commissioners from political removal. The White House then cited the ruling to remove all three remaining members of the Election Assistance Commission, leaving the only federal agency devoted to election administration without a quorum months before the midterms. The EAC writes standards and certifies the voting systems states rely on. The legal doctrine changed; the practical consequence arrived before the next election.
The emergency docket made agency capture possible before the final decision arrived. Unsigned orders let Trump remove members of the NLRB, Merit Systems Protection Board and Consumer Product Safety Commission while their cases were still being litigated. The pattern began with Hampton Dellinger, head of the Office of Special Counsel, the independent office that protects whistleblowers. He was fired despite statutory protection; the Supreme Court declined to intervene, an appeals court sided with Trump and Dellinger ended his fight. By the time a merits ruling could come, boards had been remade and watchdogs were gone. The interim became the outcome.
The same timing problem governs people fighting the government. In March 2025, deportation flights carrying 137 Venezuelans continued after a judge ordered them stopped; he later found probable cause for criminal contempt and ruled the men had been denied due process, after they were already in a foreign prison. Kilmar Abrego Garcia was deported despite an order barring his removal, and the administration resisted his return for weeks even after conceding an "administrative error" and losing at the Supreme Court. The Court also let the administration end Temporary Protected Status for roughly 300,000 Venezuelans while litigation continued. A ruling that arrives after a person is imprisoned, deported, fired or stripped of status may vindicate the law without repairing the life.
The administration is also narrowing who can mount the next challenge. Trump v. CASA curbed nationwide injunctions, so a blocked policy can continue against people who have not sued. Executive orders then stripped clearances, building access and federal contracts from four firms that had represented Trump's adversaries. All four sued and won; at least nine others made deals rather than test what resistance would cost. And acting attorney general Todd Blanche, Trump's former personal lawyer, told the Senate that the Justice Department answers only to the president. When Trump's nomination of Blanche stalled over a proposed $1.8 billion payout fund tied to settlement of Trump's own lawsuit, Trump threatened to keep him on without Senate confirmation. The Senate confirmed him 50-49.
A referee who can be fired, bypassed or obeyed only after the damage is done is not much of a referee. Courts have blocked deployments and law-firm retaliation, and those wins matter. But independent regulators now serve at the president's pleasure. The election agency sits without a quorum. Families facing deportation and workers facing dismissal must race the government's clock one case at a time. For a person without a national law firm or years to litigate, the interim is often permanent. The public cost is a government in which the rule on paper increasingly matters less than who controls the people enforcing it.
Receipts
White House turns away CNN, MS NOW and Politico reporters after court order Sep 24, 2026On September 24, 2026, the White House continued to deny entry to reporters from CNN, MS NOW and Politico, hours after Trump-appointed Judge Timothy J. Kelly granted a temporary restraining order mandating their access be restored for 14 days, ruling that the administration had likely violated the outlets' Fifth Amendment rights.
Trump fires the last of the federal election watchdogs Jul 9, 2026Trump removes all three remaining members of the U.S. Election Assistance Commission—Hicks and Hovland fired; McCormick allowed to resign—leaving the only federal agency devoted to election administration without a quorum to act, months before the midterms. The White House cited Trump v. Slaughter as authority to remove independent-agency members at will.
The Supreme Court lets Trump fire independent regulators at will Jun 29, 2026Trump v. Slaughter (6–3): the Supreme Court lets Trump fire an FTC commissioner and overturns Humphrey's Executor (1935). Chief Justice Roberts, for the majority: “If anything more is left of Humphrey's, the Court overrules it.” Presidents may now remove members of “independent” agencies at will.
The Supreme Court greenlights firing independent-agency heads Jul 23, 2025In an unsigned emergency order, the Supreme Court lets Trump remove three Consumer Product Safety Commission members despite for-cause protections—extending the run of orders green-lighting independent-agency firings while the cases are litigated.
The Supreme Court lets Trump fire labor-board members May 22, 2025Supreme Court (6–3) grants an emergency stay letting Trump fire NLRB member Gwynne Wilcox and MSPB member Cathy Harris despite statutory for-cause protections, signaling both agencies wield “considerable executive power.”
The administration deports a protected man, then resists bringing him back Apr 10, 2025Kilmar Abrego Garcia is deported to El Salvador despite a 2019 immigration-court order expressly prohibiting his removal there; the government concedes an "administrative error." A unanimous Supreme Court leaves in place an order to facilitate his return. The administration resists for weeks before bringing him back on June 6 to face smuggling charges—which a federal judge later dismisses, finding the investigation "tainted" and the administration unable to rebut a presumption of vindictiveness.
Trump fires FTC commissioners the law says he can't Mar 18, 2025Trump fires FTC Democratic commissioners Rebecca Slaughter and Alvaro Bedoya without cause, saying their presence was inconsistent with administration priorities—defying the for-cause protections of Humphrey's Executor.
Trump flies 137 Venezuelans to a Salvadoran prison, defying a judge Mar 15, 2025Trump invokes the 1798 Alien Enemies Act and flies 137 Venezuelans to El Salvador's CECOT prison under the statute, defying Judge Boasberg's order to stop the flights. In July Judge Boasberg finds probable cause for criminal contempt; in December Boasberg rules the men were denied due process and orders the administration to facilitate return or provide due-process hearings.
Trump punishes the law firms that represented his opponents Mar 6, 2025Trump signs executive orders stripping security clearances, barring building access, and canceling federal contracts for law firms that represented his adversaries (Perkins Coie, WilmerHale, Jenner & Block, Susman Godfrey). All four sue; in every case the courts grant summary judgment for the firm, ruling the order unconstitutional and enjoining agencies from implementing it. The government has appealed each ruling. At least nine other firms cut deals with the president.
Trump fires the whistleblowers' watchdog, and it sticks Feb 7, 2025Trump fires Hampton Dellinger, head of the Office of Special Counsel—the independent watchdog that protects federal whistleblowers—despite for-cause protections. The Supreme Court declines to intervene, an appeals court sides with Trump, and Dellinger drops his fight.
Trump pardons about 1,500 January 6 rioters on day one Jan 20, 2025On his first day, Trump grants clemency to about 1,500 January 6 defendants—full pardons for all but 14, and commutations for 14 Oath Keepers and Proud Boys leaders—including more than 240 who pleaded guilty to assaulting law enforcement. Dozens have since been charged with other crimes committed after the Capitol attack.