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MayReasonRule

(3,850 posts)
Mon Sep 22, 2025, 03:39 PM Monday

I Fucking Hate Being Correct In My Prediction Of This. They're Going To Reverse Humphrey's Executor.

#BREAKING: Over dissents from Justices Sotomayor, Kagan & Jackson, #SCOTUS grants a stay in the Slaughter case (allowing President Trump to remove the last Dem member of the FTC), *and* grants certiorari "before judgment" to decide whether to formally overrule its 1935 ruling in Humphrey's Executor.

Steve Vladeck (@stevevladeck.bsky.social) 2025-09-22T19:15:06.273Z




6 replies = new reply since forum marked as read
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I Fucking Hate Being Correct In My Prediction Of This. They're Going To Reverse Humphrey's Executor. (Original Post) MayReasonRule Monday OP
Don't know this case or its importance Picaro Monday #1
For Sure Y'all! MayReasonRule Monday #2
SCOTUS ruled that the U.S. Constitution allows the U.S. Congress to enact laws limiting the ability of the President Celerity Monday #3
Which means shithole will have carte blanche to fire federal agency top heads/officals...... Lovie777 Monday #4
Face it. SCOTUS is eager to dismantle democracy and the rule of law iemanja Monday #5
The same power better be used against them too newdeal2 Monday #6

Picaro

(2,193 posts)
1. Don't know this case or its importance
Mon Sep 22, 2025, 04:09 PM
Monday

Anyone care to dispel my ignorance?

Never mind. Google.

MayReasonRule

(3,850 posts)
2. For Sure Y'all!
Mon Sep 22, 2025, 04:15 PM
Monday
Facts of the case

President Hoover appointed, and the Senate confirmed, Humphrey as a commissioner of the Federal Trade Commission (FTC). In 1933, President Roosevelt asked for Humphrey's resignation since the latter was a conservative and had jurisdiction over many of Roosevelt's New Deal policies. When Humphrey refused to resign, Roosevelt fired him because of his policy positions. However, the FTC Act only allowed a president to remove a commissioner for "inefficiency, neglect of duty, or malfeasance in office." Since Humphrey died shortly after being dismissed, his executor sued to recover Humphrey's lost salary.


Question

Did section 1 of the Federal Trade Commission Act unconstitutionally interfere with the executive power of the President?


Conclusion

The unanimous Court found that the FTC Act was constitutional and that Humphrey's dismissal on policy grounds was unjustified. The Court reasoned that the Constitution had never given "illimitable power of removal" to the president. Justice Sutherland dismissed the government's main line of defense in this case which relied heavily on the Court's decision in Myers v. United States (1926). In that case the Court upheld the president's right to remove officers who were "units of the executive department." The FTC was different, argued Sutherland, because it was a body created by Congress to perform quasi-legislative and judicial functions. The Myers precedent, therefore, did not apply in this situation.

Celerity

(52,142 posts)
3. SCOTUS ruled that the U.S. Constitution allows the U.S. Congress to enact laws limiting the ability of the President
Mon Sep 22, 2025, 04:21 PM
Monday

of the United States to fire the executive officials of an independent agency that is quasi-legislative or quasi-judicial in nature.

https://en.wikipedia.org/wiki/Humphrey%27s_Executor_v._United_States

Lovie777

(20,476 posts)
4. Which means shithole will have carte blanche to fire federal agency top heads/officals......
Mon Sep 22, 2025, 04:51 PM
Monday

which will be politically motivated, meaning all opposition and Democrats will be fired and replaced with RWers.

RW galore which will further fuck up the USA.

iemanja

(56,793 posts)
5. Face it. SCOTUS is eager to dismantle democracy and the rule of law
Mon Sep 22, 2025, 04:54 PM
Monday

They are the number one force of dictatorship in our country. Trump and the GOP seek the power, and SCOTUS can't wait to grant it.

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