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The Latest Breaking News from Humphrey Executor

Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1969 to 1989

Humphrey's Executor from 1969 to 1989.

Reason

Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1945 to 1969

Almost every president since 1945 has refused to accept Humphrey's Executor as having been correctly decided.

Reason

Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1933 to 1945

President Franklin D. Roosevelt did his best to defend presidential removal power at will notwithstanding the Supreme Court’s lawless decision in Humphrey’s Executor v. United States.

Reason

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Roe as Humphrey's Executor, Casey as Morrison, and Dobbs as Slaughter

Casey attempted to save Roe by rewriting it, but that compromise ultimately collapsed in Dobbs. Morrison attempted to save Humphrey's Executor by rewriting it, but that compromise will (likely) collapse in Slaughter.

Reason

The Supreme Court case that could hand Trump unchecked power to fire agency heads

The court will decide if presidents can fire agency heads at will.

Axios

D.C. Circuit Upholds Presidential Removal of MSPB and NLRB Members

On the eve of Trump v. Slaughter, the D.C. Circuit offers a way to distinguish Humphrey's Executor.

Reason

Trump pits the Supreme Court against its own precedents

Trump needs the court to validate his sweeping view of presidential power.

Axios

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SCOTUS Is Now Poised To Overrule Humphrey's Executor, a 1935 Precedent Limiting Presidential Power

The Supreme Court will soon review the president’s authority to fire “independent” agency heads.

Reason

What are the Precedential Values of Wilcox and Boyle?

Judge Rao explains how to read emergency docket orders on stay applications.

Reason

Fifth Circuit Upholds Injunction Against NLRB Proceedings, Distinguishing Humphrey's Executor

The Court concludes that limitations on the removal of NLRB Board members and NLRB administrative law judges are both unconstitutional.

Reason

Supreme Court ignores precedent instead of overruling it in allowing president to fire officials whom Congress tried to make independent

What may be one of the U.S. Supreme Court’s most important and far-reaching rulings in decades dropped in late May 2025 in an order that probably didn’t get a second – or even first – glance from most Americans.

The Conversation

Democratic FTC Commissioner Quits—But That Doesn't Mean He's Dropping His Lawsuit

Trump fired Federal Trade Commissioner Alvaro Bedoya in March. Yesterday he gave up his claim to the job, but he's still challenging the White House's right to dismiss him.

Reason

Baude on Trump v. Wilcox: "Predictable and Reasonable"

A defense of the Supreme Court's decision to let President Trump remove members of the NLRB and MSPB.

Reason

Justice Kagan Tells Us What She Really Thinks About President Trump

The Court "hand[s] the President the most unitary, meaning also the most subservient, administration since Herbert Hoover (and maybe ever)."

Reason

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Reason

Trump Fires Democratic FTC Commissioners

The removals challenge Humphrey’s Executor, a Supreme Court precedent that protects independent agency officials from political firings.

Reason

Dellinger v. Bessent Disappears Allowing Wilcox v. Trump to Train Sights on Humphrey's Executor

The Supreme Court will not have to weigh in on removal limitations at the Office of Special Counsel, but it could still have to consider those for the National Labor Relations Board.

Reason

What the Supreme Court Said about Dellinger v. Trump in Seila Law v. CFPB

A district court judge has concluded that President Trump cannot remove the head of the Office of Special Counsel without cause. Supreme Court review is inevitable.

Reason

How Will Chief Justice Roberts Split The Baby In Dellinger?

Roberts will find that the removal was unlawful, but that the court lacks an equitable cause of action to reinstate it, leaving backpay as the only available judicial remedy.

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Top News

Trump Administration Seeks To Overturn Key Supreme Court Precedent

The Trump administration seeks to increase presidential control over independent agencies, sparking legal battles.

Reason

The Hughes Court Repudiated FDR In Humphrey's Executor, and the Roberts Court Will Repudiate Trump by Maintaining Humphrey's Executor

The separation of politics, not the separation of powers, will decide Wilcox v. Trump.

Reason

Is Humphrey's Executor in the Crosshairs?

Firing members of "independent" agencies would seem to set up a direct challenge to a longstanding precedent.

People

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