In WLF Victory, Supreme Court Overrules Humphrey’s Executor and Restores Agency Accountability

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

The U.S. Supreme Court today overruled its 1935 decision in Humphrey’s Executor v. United States and clarified that Congress cannot restrict the President’s authority to remove FTC commissioners at will. The decision was a victory for Washington Legal Foundation (WLF), which filed amicus brief contending that the FTC’s removal protections gravely distorted the Constitution’s history, text, and structure.

The case arose from President Trump’s removal of FTC Commissioner Rebecca Slaughter at will, 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 6-3 holding today, the Court held that the FTC’s for-cause removal protections for Commissioners violate Article II of the Constitution. The Court reasoned that Article II vests the executive power in the President alone and establishes a chain of dependence under which principal officers exercising that power—including FTC Commissioners—must be removable at will to ensure they remain accountable to him and he remains accountable to the people.