Starbucks Baristas Join Trump in Supreme Court Fight Over Presidential Power
November 7, 2025
Two Starbucks employees represented by the National Right to Work Legal Defense Foundation have filed an amicus brief with the US Supreme Court in Trump v. Slaughter.
As reported on the National Right to Work news site, the brief argues that restrictions on the President’s authority to dismiss members of independent agencies like the Federal Trade Commission (FTC) and National Labor Relations Board (NLRB) violate the Constitution’s separation of powers.
It contends that such limits create an “unaccountable fourth branch” of government, allowing unelected officials to wield executive authority without sufficient oversight from the President.
The case originated after President Trump removed FTC Commissioner Rebecca Slaughter, a Biden appointee, prompting her to sue for reinstatement. The Court’s ruling could revisit Humphrey’s Executor v. United States (1935), which permitted Congress to insulate some agency officials from presidential removal.
The Foundation’s amicus brief, filed on behalf of baristas Ariana Cortes and Logan Karam, who are separately contesting the NLRB’s structure, urges the Court to find that the President’s removal power extends to all agencies exercising executive functions.
It argues that the NLRB does not perform “quasi-legislative” or “quasi-judicial” functions, but instead enforces federal labor law through executive authority.
Legal teams that deal with regulatory issues should note that a decision limiting or overturning Humphrey’s Executor could reshape administrative law and agency independence.
The issue has practical implications for the plaintiffs. Both claim the NLRB’s internal policies have impeded their efforts to challenge union representation at their workplaces.
Legal observers are watching whether the Court will adopt the Foundation’s argument that greater presidential accountability over executive agencies is essential to restoring constitutional balance and ensuring fair treatment of workers in regulatory proceedings.
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