Supreme Court Overturns Humphrey's Executor, Gives Trump Sweeping Removal Power Over Independent Agencies
A hypothetical Supreme Court ruling overturning Humphrey's Executor would give President Trump at-will removal power over leaders of independent agencies like the FTC, FCC, and SEC, eliminating a core structural safeguard against political interference in regulatory enforcement and consumer protection.
In a hypothetical 6-3 ruling, the Supreme Court overturns the 1935 precedent Humphrey's Executor v. United States, dismantling a cornerstone of the modern administrative state that for 91 years protected independent agency commissioners from at-will presidential firing. The decision would give President Trump—and all future presidents—sweeping authority to remove the heads of agencies such as the Federal Trade Commission, Securities and Exchange Commission, Federal Communications Commission, and National Labor Relations Board for any reason, or no reason at all.
The humanitarian alternative
Congress can reassert its constitutional authority by passing the Independent Agency Protection Act, which would codify for-cause removal protections for agency commissioners and tie agency funding to independence conditions in appropriations bills. Separately, Congress could create a new class of 'legislative agencies' that exercise executive functions but whose leadership serves fixed terms removable only for inefficiency, neglect of duty, or malfeasance, drawing on existing models like the Federal Reserve Board of Governors, which the Court partially preserved.
At the state level, attorneys general can ramp up enforcement of state antitrust and consumer protection laws under state law, which remain unaffected by federal removal-power rulings. State-level 'mini-SEC' and 'mini-FTC' laws could fill gaps left by federal enforcement. The public and civil society should demand that the Senate exercise robust oversight of nominations and insist on explicit independence guarantees in committee reporting language.
Falsifiable predictions
What this entry claims will happen, and what data would prove it wrong. The Reckoner revisits these against current reality.
- Within 12 months, the Trump administration will fire at least three sitting FTC, SEC, or FCC commissioners.
- Antitrust enforcement actions against large technology companies will drop by at least 40% within 6 months of the ruling.
- At least two states will pass laws expanding their own antitrust and consumer protection enforcement capacities within 12 months.
Original source — excerpted
news Supreme Court gives Trump power over independent agencies"What happened Overturning a 91-year precedent, the Supreme Court last week handed President Trump sweeping authority to control previously independent agencies..."