As of November 13, 2025, a bipartisan group of 11 former commissioners at the Federal Energy Regulatory Commission (FERC) told the Supreme Court that the Humphrey’s Executor precedent providing tenure protection to members of independent agencies should be upheld. [1] In an amicus brief, the former energy regulators stated that if the court decides to overturn or modify the precedent, it should specify that ratemaking commissions like FERC would not be affected. According to the brief, a court decision that would allow a president to fire FERC commissioners without cause and replace them with party-aligned members would threaten the US economy. The former commissioners stated that eliminating for-cause removal protections would expose energy investors to political uncertainty and policy volatility. Rates set by FERC help finance $40 billion in new pipelines and power lines annually. The court is set to hear oral arguments in the case on December 8.
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