Project 2025 Tracker / What’s done, what’s next

17. Department of Justice · Major

Seek to overturn Humphrey's Executor v. United States

Done

Printed page 560 17. Department of Justice

“One example includes potentially seeking the overruling of Humphrey's Executor v. United States. … The next conservative Administration should formally take the position that Humphrey's Executor violates the Constitution's separation of powers.”

Printed again in Chapter 30.

Printed page 873 30. Federal Trade Commission

“The Supreme Court ruling in Humphrey’s Executor upholding agency independence seems ripe for revisiting—and perhaps sooner than later.”

What has happened

  1. Done

    Trump v. Slaughter: the Court (6-3, Roberts, C.J.) held the FTC's for-cause removal protection unconstitutional and overruled Humphrey's Executor v. United States.

  2. Attempted

    In the FTC case the Court stayed the district court's reinstatement of Commissioner Slaughter, granted certiorari before judgment, and directed the parties to brief whether Humphrey's Executor should be overruled (No. 25-332).

  3. Attempted

    The Supreme Court stayed the orders reinstating Wilcox and Harris, finding the government likely to show that the NLRB and MSPB exercise considerable executive power, while reserving whether Humphrey's Executor would be overruled.

  4. Attempted

    The administration removed NLRB member Gwynne Wilcox and MSPB member Cathy Harris without cause and defended the removals by arguing that for-cause protections for such officers are unconstitutional; the D.D.C. rejected that position and reinstated Wilcox (Harris on 2025-03-04). The removals of FTC commissioners Slaughter and Bedoya followed in March 2025.

Research log

What was searched, and what didn’t count as evidence

Research notes

Action
other
Object
Humphrey's Executor v. United States
ID
1561