On October 14, 2025, WLF urged the 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 Congress built around the FTC’s commissioners gravely distort the Constitution’s history, text, and structure. 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.
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