“For far too long, Humphrey’s Executor has allowed unaccountable agencies like the FTC to wield executive power without meaningful oversight.”
—Cory Andrews, WLF General Counsel & Vice President of Litigation

Click here for WLF’s brief.

WASHINGTON, DC—Washington Legal Foundation (WLF) today urged the U.S. Supreme Court to overrule its 1935 decision in Humphrey’s Executor v. United States and hold that Congress cannot restrict the President’s authority to remove FTC commissioners at will. WLF contends that the removal protections built around the FTC’s commissioners gravely distort the Constitution’s history, text, and structure.

The case stems from President Trump’s removal of FTC Commissioner Rebecca Slaughter without cause, prompting her to file suit under the FTC Act challenging her removal. The U.S. District Court for the District of Columbia blocked the firing, citing Humphrey’s Executor’s insulation of multi-member agencies like the FTC from at-will removal, but the Supreme Court granted certiorari to address whether such restrictions violate Article II.

In its amicus brief, WLF explains that the FTC has evolved into a powerful executive enforcer since 1935, issuing regulations, seeking penalties, and adjudicating cases—powers incompatible with Humphrey’s rationale that the agency was merely a legislative or judicial aid. Overruling the 90-year-old precedent would ensure accountability while preserving the President’s duty to “take Care that the Laws be faithfully executed.” WLF urges reversal to realign Congress’s view of agency independence with constitutional limits.