LoginThe Supreme Court’s dangerous double standard on independent agencies
The Supreme Court appears poised to deliver a contradictory message to the American people: Some independent agencies deserve protection from presidential whim, while others do not. The logic is troubling, the implications profound and the damage to our civil service system could be irreparable.
In December, during oral arguments in Trump v. Slaughter, the court’s conservative majority signaled it would likely overturn or severely weaken Humphrey’s Executor v. United States, the 90-year-old precedent protecting independent agencies like the Federal Trade Commission from at-will presidential removal. Chief Justice John Roberts dismissed Humphrey’s Executor as “just a dried husk,” suggesting the FTC’s powers justify unlimited presidential control. Yet just weeks later, during arguments in Trump v. Cook, those same justices expressed grave concerns about protecting the “independence” of the Federal Reserve, calling it “a uniquely structured, quasi-private entity” deserving special constitutional consideration.
The message is clear: Wall Street’s interests warrant protection, but the rights of federal workers do not.
The MSPB: Guardian of civil service protections
This double standard becomes even more glaring when we consider Harris v. Bessent, where the D.C. Circuit Court of Appeals ruled in December 2025 that President Donald Trump could lawfully remove Merit Systems Protection Board Chairwoman Cathy Harris without cause. The MSPB is not some obscure bureaucratic backwater — it is the cornerstone of our merit-based civil service system, the institution that stands between federal workers and a return to the spoils system that once plagued American government with cronyism, inefficiency and partisan pay-to-play services.
The MSPB hears appeals from federal employees facing adverse actions including terminations, demotions and suspensions. It adjudicates claims of whistleblower retaliation, prohibited personnel practices and discrimination. In my and Harris’ tenure alone, the MSPB resolved thousands of cases protecting federal workers from arbitrary and unlawful treatment. In fact, we eliminated the nearly 4,000 backlogged appeals from the prior Trump administration due to a five-year lack of quorum. These are not abstract policy debates — these are cases about whether career professionals can be fired for refusing to break the law, for reporting waste and fraud or simply for holding the “wrong” political views.
The MSPB’s quasi-judicial function is precisely what Humphrey’s Executor was designed to protect. This is what Congress intended to follow in 1978 when it created the MSPB in order to strengthen the civil service workforce from the government weaponization under the Nixon administration. The 1935 Supreme Court recognized that certain agencies must be insulated from political pressure to function properly — agencies that adjudicate disputes, that apply law to fact, that require expertise and impartiality rather than ideological alignment with whoever currently occupies the White House. Why would today’s Supreme Court throw out that noble and constitutionally oriented mandate?
A specious distinction
The Supreme Court’s apparent willingness to treat the Federal Reserve as “special” while abandoning agencies like the MSPB rests on a distinction without a meaningful constitutional difference. Yes, the Federal Reserve sets monetary policy with profound economic consequences. But the MSPB’s work is no less vital to the functioning of our democracy.
Consider what happens when the MSPB loses its independence. Federal employees adjudicating veterans’ benefits claims, processing Social Security applications, inspecting food safety or enforcing environmental protections suddenly serve at the pleasure of the president. Career experts can be replaced by political loyalists. Decisions that should be based on law and evidence become subject to political calculation. The entire civil service — the apparatus that delivers services to millions of Americans — becomes a partisan weapon to be wielded by whichever party controls the White House.
This is not hypothetical. We have seen this movie before. The spoils system of the 19th century produced rampant corruption, incompetence and the wholesale replacement of experienced government workers after each election. The Pendleton Act of 1883 and subsequent civil service reforms were not partisan projects — they were recognition that effective governance requires a professional, merit-based workforce insulated from political pressure.
The real stakes
The Supreme Court’s willingness to carve out special protection for the Federal Reserve while abandoning the MSPB reveals a troubling hierarchy of values. Financial markets deserve stability and independence, but should the American public tolerate receiving partisan-based government services and protections?
Protecting the civil service is not some narrow special interest. It affects every American who depends on government services. It determines whether the Occupational Safety and Health Administration (OSHA) inspectors can enforce workplace safety rules without fear of being fired for citing politically connected companies. Whether Environmental Protection Agency scientists can publish findings inconvenient to the administration. Whether veterans’ benefits claims are decided on merit rather than political favor. Whether independent and oversight federal organizations can investigate law enforcement shootings in Minnesota without political interference.
Justice Brett Kavanaugh, during the Cook arguments, warned that allowing presidents to easily fire Federal Reserve governors based on “trivial or inconsequential or old allegations difficult to disprove” would “weaken if not shatter” the Fed’s independence. He’s right. But that logic applies with equal force to the MSPB. If presidents can fire MSPB members at will, they can install loyalists who will rubber-stamp politically motivated personnel actions, creating a chilling effect throughout the civil service.
What’s next
The Supreme Court has an opportunity to apply its principles consistently. If the Federal Reserve deserves independence to insulate monetary policy from short-term political pressure, then the MSPB deserves independence to insulate personnel decisions from political retaliation. If “for cause” removal protections serve an important constitutional function for financial regulators, they serve an equally important function for the guardians of civil service protections.
The court should reject the false distinction between agencies that protect Wall Street and agencies that protect workers. Both serve vital public functions. Both require independence to function properly. Both should be subject to the same constitutional analysis.
More fundamentally, the court must recognize that its removal cases are not merely abstract exercises in constitutional theory. They determine whether we will have a professional civil service or return to a patronage system. Whether government will be staffed by experts or political operatives. Whether the rule of law or the whim of the president will govern federal employment decisions.
A strong civil service is just as important to American democracy as an independent Federal Reserve. Both protect against the concentration of power. Both ensure that critical governmental functions are performed with expertise and integrity rather than political calculation. The Supreme Court’s jurisprudence should reflect that basic truth, not create an arbitrary hierarchy that privileges financial interests over the rights of workers and the integrity of government.
The court will issue its decisions over the next several months and when it does, it should remember that protecting democratic institutions is not a selective enterprise. The rule of law requires principles, not preferences. Because in the end, a government run on political loyalty instead of merit is far more dangerous than a fluctuating interest rate.
Raymond Limon retired after more than 30 years of federal service in 2025. He served in leadership roles at the Office of Personnel Management and the State Department and was the vice chairman of the Merit Systems Protections Board. He is now founder of Merit Services Advocates.
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© AP Photo/Julia Demaree Nikhinson
