Humphrey’s Executor

Supreme Court Curtails Agency Independence, Fuels Fears of Trump’s Power Grab

The Supreme Court issued a ruling that significantly weakens the protection of independent executive branch agencies from presidential removal. This decision, foreshadowing a potential overturning of the nearly century-old *Humphrey’s Executor* precedent, allows the President greater control over these agencies. The dissenting justices criticized the majority’s actions as prioritizing the President’s wishes over established legal precedent and the will of Congress. While acknowledging the Federal Reserve’s unique protection, the Court’s approach suggests a willingness to dismantle the independence of other agencies. This ruling brings the country closer to a unitary executive model, potentially transforming the executive branch into an extension of presidential power.

Read More

Trump Illegally Fires Democratic Consumer Safety Commissioners

President Trump abruptly dismissed three Democratic commissioners from the U.S. Consumer Product Safety Commission (CSPC), violating Supreme Court precedent established in *Humphrey’s Executor*. This action followed the commission’s approval of safety standards for lithium-ion batteries, a vote opposed by Republican members. The firings, mirroring similar actions at the Federal Trade Commission, are seen as an attack on independent agencies and their regulatory authority. The dismissed commissioners plan to challenge their removal in court, with support from organizations like Consumer Reports.

Read More