ALEXANDRIA, Va. – Emily M. Dickens, SHRM Chief Administrative Officer, issued the following statement in response to today's Supreme Court decisions in Trump v. Slaughter and Trump v. Cook:
Today the Supreme Court issued two significant and, on their face, seemingly in tension decisions that together will shape the future of federal agency independence and workplace regulatory oversight.
In Trump v. Slaughter, the Court ruled 6-3 that the President has broad authority to remove members of independent federal agencies such as the FTC, affirming that subordinates who exercise presidential power must remain accountable to the President.
In the same-day companion case, Trump v. Cook, a differently composed 5-4 majority reached the opposite conclusion — allowing Federal Reserve Governor Lisa Cook to remain in her position, at least while her legal challenge proceeds. The Court recognized the Federal Reserve's unique constitutional and historical status, carving out an exception to the broader expansion of removal power affirmed just hours earlier.
Taken together, these rulings do not tell a single story. They reflect the Court's effort to draw a distinction between independent agencies that exercise executive functions — where presidential removal authority is now significantly expanded — and institutions like the Federal Reserve, whose independence from political interference the Court treated as constitutionally grounded and economically essential.
Today's decisions will have significant implications for the enforcement of workplace policy across the federal government. While federal employment statutes remain unchanged, the expanded removal authority affirmed in Slaughter increases the likelihood of more frequent shifts in agency leadership and enforcement priorities at agencies like the Equal Employment Opportunity Commission, National Labor Relations Board, and others — potentially creating greater uncertainty for employers and employees alike.
Employers, workers, and HR professionals rely on clarity, consistency, and predictability in the regulatory environment. Organizations make long-term workforce, compliance, and investment decisions based on a stable understanding of how workplace laws are enforced. When the structure of federal agency oversight shifts, our members feel it directly in how workplace laws are interpreted, how regulatory guidance is issued, and how compliance expectations evolve.
At the same time, the Cook decision serves as an important reminder that Congress retains meaningful authority to structure certain institutions with independence protections and that courts will scrutinize whether removal actions comply with both statutory and constitutional requirements, including basic due process.
SHRM's perspective is grounded in direct, real-time connection to the nearly 340,000 HR professionals who operationalize federal workplace policy every day across every industry and organization size in America. When agency leadership changes and enforcement priorities shift, it is our members who are the first to feel the practical consequences, and the first responsible for guiding their organizations through them. That proximity to workplace reality is precisely why policymakers, employers, and workers should look to SHRM as a trusted voice as the implications of today's rulings continue to unfold.
As the implications of these rulings unfold, SHRM stands ready to ensure HR professionals and business leaders have the practical resources and insights they need to remain compliant and support their workforce through any period of transition.
SHRM remains committed to advancing workplace policies that promote clarity, consistency, and compliance while supporting better workplaces and better work for all.
About SHRM
SHRM is a member-driven catalyst for creating better workplaces where people and businesses thrive together. As the trusted authority on all things work, SHRM is the foremost expert, researcher, advocate, and thought leader on issues and innovations impacting today's evolving workplaces. With nearly 340,000 members in 180 countries, SHRM touches the lives of more than 362 million workers and their families globally. Discover more at SHRM.org.
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