US EditionThe Supreme Court Is Headed Toward a Radically New Vision of Unlimited Presidential Power
The Supreme Court's review could overturn a 1935 ruling, potentially expanding presidential power over independent agencies like the FTC and reshaping federal governance.
- Last week, the U.S. Supreme Court revealed it will revisit Humphrey's Executor v. United States after Biden-appointed FTC commissioner Rebecca Slaughter sued following her firing, with a 6-3 emergency ruling affecting her.
- President Donald Trump and conservative legal allies are pursuing a unitary executive that would give the president sole control over the executive branch, using unilateral removals at independent agencies.
- This year, emergency rulings upheld Trump’s firings from the National Labor Relations Board and other agencies, while conservative justices signal a willingness to revisit Humphrey’s precedent.
- A ruling for Trump could expand executive power, including firing five members of independent agencies such as the Federal Trade Commission, and the administration may soon test these powers to weaken the administrative state.
- Humphrey's Executor v. United States historically upheld bipartisan administrative bodies by limiting presidential removals, but scholars warn recent shadow-docket moves in recent months may concentrate power in the presidency.
11 Articles
11 Articles
The Supreme Court Is Headed Toward a Radically New Vision of Unlimited Presidential Power
President Donald Trump set the tone for his second term by issuing 26 executive orders, four proclamations and 12 memorandums on his first day back in office. The barrage of unilateral presidential actions has not yet let up. These have included Trump’s efforts to remove thousands of government workers and fire several prominent officials, such as members of the Corporation for Public Broadcasting and the chair of the Commission on Civil Rights.…
REPORT: Trump Set For Massive Victory That Could Cripple Administrative State
A newly empowered Trump administration may soon test its powers to cripple the administrative state after a groundbreaking decision by the U.S. Supreme Court granting the president broad authority to fire leaders of the Federal Trade Commission. On the heels of that decision is another examining whether President Donald Trump is within his purview to fire five members of various independent agencies, an outcome that could expand his power and ha…
Supreme Court showdown: Trump's strategy to test limits of his power could spell doom for administrative state
The high court will revisit presidential firing powers over independent agencies through Rebecca Slaughter's case, with implications for the Federal Trade Commission and other boards.
Trump’s Independent Agency Girings Bombard Supreme Court
Trump’s Independent Agency Girings Bombard Supreme Court sthyberg Mon, 09/29/2025 - 13:57 In the Media Elisabeth Haub School of Law Haub Law Professor Bennett Gershman provides expert commentary to The Hill on the Supreme Court case over President Trump’s dismissal of independent agency officials. Gershman explains how the outcome could significantly expand presidential authority and weaken oversight protections. https://thehill.com/homenews/…
The Smart Citizen Report
1010 WCSISupreme Court showdown: Trump’s strategy to test limits of his power could spell doom for administrative state
The Supreme Court is set to reexamine a landmark decision about the president’s ability to fire members of independent agencies, and the outcome could expand executive power and have far-reaching implications. The high court revealed in an order last week it would revisit Humphrey’s Executor v. United States, a 1935 decision that Hans von Spakovsky, a legal fellow at the conservative Heritage Foundation, said is now on ‘life support.’ Contrary t…
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