Tag Archives: SEC

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

By Jay L. Levine on July 16, 2026

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

Has Axon dealt another blow to FTC authority?

By Jay L. Levine and Porter Wright on January 13, 2022

Last year, the Supreme Court unanimously ruled that the Federal Trade Commission (FTC) is not authorized to impose civil penalties on parties who violate the FTC Act unless the party is violating a previous cease and order. The ruling took away a major enforcement tool. Now, Axon Enterprises is seeking to attack the entire structure … Continue Reading