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Tag Archives: Humphrey’s Executor

Part 4: Are FTC actions still constitutional?

This is Part 4 of a four-part series. Start with Part 1, Part 2 and Part 3. The overruling of Humphrey’s Executor, discussed in Part 1 of this series, addresses presidential removal power, not the constitutionality of administrative adjudication itself. The Supreme Court’s decision in Trump v. Slaughter held that FTC commissioners may not be insulated … Continue Reading

Part 1: The end of agency independence? Supreme Court overrules Humphrey’s Executor

Executive summary On June 29, the Supreme Court overruled a 91-year-old precedent that permitted Congress to protect leaders of certain independent agencies from at-will presidential removal. The decision significantly strengthens presidential control over executive agencies and may signal the end of independence for numerous multimember commissions and boards across the federal government. Businesses regulated by … Continue Reading
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