SCOTUS Is About to Turbocharge Presidential Power

What It Covers

The Supreme Court appears poised to overrule Humphrey's Executor, eliminating independent agency protections and granting presidents sweeping removal powers over Federal Trade Commission commissioners and other multi-member agency heads, fundamentally reshaping administrative state independence.

Key Questions Answered

• •Precedent Overruling Pattern: The Court has overruled major precedents in four of the last five years. In Trump v. Slaughter, all six Republican appointees signal readiness to eliminate the 90-year-old Humphrey's Executor decision protecting independent agencies, bypassing normal appellate procedures to expedite the case.
• •FTC Regulatory Impact: Removing independence protections threatens consumer protection enforcement. After Trump's FTC leadership changes, Amazon settled a Prime enrollment lawsuit for two billion dollars, potentially less than full liability. Similar cases involving insulin price-fixing and noncompete clauses face weakened enforcement under presidential control.
• •Unitary Executive Theory Expansion: The administration argues the Constitution's vesting clause grants presidents control over all executive power, requiring at-will removal authority. This logic extends beyond commissioners to potentially include inferior officers, civil service employees, and Article One court judges, though justices avoid addressing these implications directly.
• •Campaign Finance Deregulation: In National Republican Senatorial Committee v. FEC, Republican appointees signal readiness to strike down anti-coordination limits preventing unlimited party spending with candidates. Justice Kavanaugh openly jokes with advocates about future challenges to remaining campaign finance regulations, revealing coordinated dismantling strategy.
• •Judicial Ethics Violations: Third Circuit Judge Emile Beauvais attended a Trump rally despite Canon Five prohibiting judges from political activity or purchasing tickets to political events. This follows patterns of lower court judges positioning themselves for potential Supreme Court nominations through partisan displays.