The Supreme Court ruled 6-3 that FTC commissioners’ removal protections are unconstitutional, overturning the 1935 Humphrey’s Executor precedent. The decision gives presidents broader power over independent agencies while leaving separate litigation over the Federal Reserve on a different track.
Posts tagged as “Humphrey’s Executor”
The United States Supreme Court has been asked by the Justice Department to intervene in lower court rulings that ordered the reinstatement of two federal board members dismissed by former President Trump, arguing that these decisions undermine presidential authority and separation of powers. Solicitor General D. John Sauer contends that the protections against at-will firing do not apply to the members of the Merit Systems Protection Board and the National Labor Relations Board, seeking emergency relief from the Supreme Court. The Justice Department's appeal, which includes a request for a stay and for the Supreme Court to directly take up the case, highlights the urgency and potential implications for presidential power over independent federal agencies.