Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1969 to 1989 Humphrey's Executor from 1969 to 1989. Reason · Jan 11
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 · Jan 10
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 · Jan 9
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 · Dec 16, 2025
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 · Dec 8, 2025
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 · Dec 5, 2025
Trump pits the Supreme Court against its own precedents Trump needs the court to validate his sweeping view of presidential power. Axios · Oct 3, 2025
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 · Sep 25, 2025
What are the Precedential Values of Wilcox and Boyle? Judge Rao explains how to read emergency docket orders on stay applications. Reason · Sep 3, 2025
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 · Aug 19, 2025
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 · Jun 13, 2025
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 · Jun 10, 2025
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 · May 23, 2025
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 · May 22, 2025
Reason · Mar 19, 2025 Trump Fires Democratic FTC Commissioners The removals challenge Humphrey’s Executor, a Supreme Court precedent that protects independent agency officials from political firings.
Reason · Mar 6, 2025 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 · Mar 2, 2025 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 · Mar 2, 2025 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.
Top News · Feb 20, 2025 Legal Battle Overturning Humphrey's Executor Decision Looms Legal battle over Humphrey's Executor decision and presidential power impacting federal agency independence.
Top News · Feb 17, 2025 Trump Administration Seeks To Overturn Key Supreme Court Precedent The Trump administration seeks to increase presidential control over independent agencies, sparking legal battles.
Reason · Feb 6, 2025 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 · Jan 29, 2025 Is Humphrey's Executor in the Crosshairs? Firing members of "independent" agencies would seem to set up a direct challenge to a longstanding precedent.