""Humphrey's Executor must be overruled," said US Solicitor General D. John Sauer, arguing for the Trump administration, arguing that the 1935 precedent has "not withstood the test of time.""
""Humphrey's Executor is just a dried husk of whatever people used to think it was," Roberts said. "It was addressing an agency that had very little, if any, executive power and that may be why they were able to attract such a broad support on the court at the time.""
The Supreme Court signaled likely support for upholding President Trump’s dismissal of FTC member Rebecca Slaughter, who was removed four years before her term ended. A lower court had ruled the firing exceeded presidential authority under a 90-year precedent protecting tenure of independent agency officials. The Justice Department argued that such tenure protections unlawfully limit presidential power. Conservative justices, forming a 6-3 majority, expressed sympathy for overturning the Humphrey's Executor precedent, with the Solicitor General calling it outdated and Chief Justice Roberts describing the precedent as a relic tied to a less powerful 1930s FTC.
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