Bagenstos and Moynihan in friend-of-the-court brief in Supreme Court separation of powers case | Gerald R. Ford School of Public Policy

Bagenstos and Moynihan in friend-of-the-court brief in Supreme Court separation of powers case

November 16, 2025

A group of public servants who had been unlawfully removed from the boards of independent federal agencies by President Trump and a number of scholars who focus on the study of independent agencies and the separation of powers between the president and Congress joined in filing a friend-of-the-court brief in Trump v. Slaughter – a case before the U.S. Supreme Court that could determine if the president is able to fire board members of independent agencies without cause, or if the judicial branch is able to prevent the president from changing independent agencies' leadership, according to Democracy Forward.

Those signing the friend-of-the-court brief include the Ford School's Sam Bagenstos, the Arlene Susan Kohn Professor of Social Policy, and Don Moynihan, the J. Ira and Nicki Harris Family Professor of Public Policy

"This brief presents the views and expertise of people who know, from both academic and professional experience, that agency independence protects public safety, the country's infrastructure, integrity of government, and economic stability. Their perspective should be invaluable to the Court as it considers whether to reaffirm or overrule longstanding precedent permitting Congress to limit the President's power to remove heads of independent agencies without cause. Our team is honored to represent former civil servants and scholars to share important information with the Court," aid Skye Perryman, President and CEO of Democracy Forward.