In Trump v. Slaughter, will the Supreme Court explicitly overrule Humphrey's Executor v. United States (Humphrey's Executor), which allowed Congress to limit the circumstances under which the president could remove members of independent federal agencies?
Closing Jul 01, 2026 07:01AM UTC
In 1935, the Supreme Court ruled that the president did not have the power to remove a commissioner from the FTC for reasons other than those specified by statute (Oyez, Cornell). The scope of that ruling has been limited in subsequent Court decisions, and the Trump administration is asking the Supreme Court to overrule Humphrey's Executor in considering the president's termination of another FTC commissioner, Rebecca Slaughter (George Mason University, Oyez, SCOTUSblog, Yale Journal of Regulation, Supreme Court - 22 September 2025). The Supreme Court is expected to hand down its decision in its 2025 term, but if it does not, the question will close as "No." If the Court decides these cases without addressing this question's particular issue or issues of law, the question will close as "No."
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