Top Tweets for #HumphreysExecutor
Supreme Court Overrules Humphrey’s Executor and Permits At-Will Removal of FTC Commissioners by Len Gordon @VenableLLP https://t.co/YsQjFJBTkl #ftc #scotus #humphreysexecutor
The Supreme Court hobbles Federal Agency independence.
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On the contrary: Grok: Justice Ketanji Brown Jackson's viewpoint aligns with longstanding mainstream legal thought, though it's increasingly contested by conservatives. #HumphreysExecutor has been foundational for the modern administrative state since 1935, unanimously upheld as constitutional and enabling Congress to insulate expert agencies from political whims—widely accepted by scholars and courts for decades as a balanced separation of powers.
Critics of the "unitary executive" theory (pushing unlimited presidential removal) once called that fringe, but with the current conservative Supreme Court majority signaling openness to overturn it in Trump v. Slaughter, her position now represents the liberal minority on the bench—yet it remains the prevailing doctrine in lower courts and among many academics until (or unless) overruled.
Historically, the Humphrey's Executor decision itself was unanimous, authored by conservative Justice George Sutherland, and supported by progressives like Louis Brandeis and Harlan Fiske Stone.
More recently, retired Justice Stephen Breyer and the late Justice Ruth Bader Ginsburg defended these limits in dissents, arguing they prevent executive overreach while preserving accountability to Congress.
@AFergusonFTC Did I miss it? Was this 90-year-old unanimous SCOTUS ruling overturned? #HumphreysExecutor
https://t.co/xM7OtB3Gmw
The Acting SG is right. Shielding powerful bureaucrats from political accountability is deeply anti-democratic. Humphrey’s Executor should be overruled.
Hey @narosenblum. Great job on @inlieuoffunshow. Sorry I missed the live version. I was teaching legal history. Three cheers for #HumphreysExecutor!
Finally getting to the good stuff in the Kavanaugh hearing #HumphreysExecutor
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