James “Jim” Plunkett, chair of Ogletree Deakins’ Governmental Affairs Practice Group, told Law360 that the U.S. Supreme Court’s ruling in Trump v. Slaughter will likely make it easier for presidents to remove commissioners at the U.S. Equal Employment Opportunity Commission (EEOC). Plunkett said this shift could lead to a more coordinated approach between the White House, the EEOC’s chair, and its general counsel, though he noted that alignment may take time to develop.
Plunkett also pointed out that the ruling does not disturb the Senate’s role in confirming nominees because the “Senate still has its advice and consent function,” a factor he said could work against speedy turnover at the EEOC and other agencies. Future administrations will vary in how quickly they prioritize filling seats at agencies like the EEOC and the National Labor Relations Board (NLRB), Plunkett noted, which will also affect how fast policy changes take hold.
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