The article discusses the implications of the Humphrey's Executor ruling, which established that the President could not remove FTC commissioners for political reasons. This ruling is currently being challenged by the DOJ, which argues that a recent Supreme Court decision undermines the protection offered under Humphrey's Executor. Acting Solicitor General Sarah Harris indicates that the DOJ will no longer defend the constitutionality of certain for-cause removal provisions, which could alter the landscape for independent regulatory bodies like the FTC and the NLRB.
When Congress provides for the appointment of officers whose functions, like those of the Federal Trade Commissioners, are of legislative and judicial quality, rather than executive, and limits the grounds upon which they may be removed from office, the President has no constitutional power to remove them for reasons other than those so specified.
The Supreme Court has made clear that the holding of Humphrey's Executor embodies a narrow 'exception' to the 'unrestricted removal power' that the President generally has over principal executive officers.
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