Top Posts
Hawley blasts FDA approval of new abortion drug,...
Federal judge to sentence Justice Brett Kavanaugh’s attempted...
GOP rising star exposes how Biden admin was...
Government shutdown enters 3rd day as Senate stalemate...
Government shutdown sparks GOP plan to penalize lawmakers...
Locksley Resources LimitedAdvances Multiple Antimony and REE Workstreams
UPS Batteries For Explosive (EX & ATEX) Environments
Locksley Advances Multiple Antimony & REE Workstreams
Update On The Mosseau Drill Program And Details...
Standard Uranium Announces Expansion of Davidson River Drill...
  • Home
  • Investing
  • Politics
  • Economy
  • World News
Money Assets Saver
Politics

Supreme Court showdown: Trump’s strategy to test limits of his power could spell doom for administrative state

by admin September 29, 2025
September 29, 2025

The Supreme Court is set to reexamine a landmark decision about the president’s ability to fire members of independent agencies, and the outcome could expand executive power and have far-reaching implications.

The high court revealed in an order last week it would revisit Humphrey’s Executor v. United States, a 1935 decision that Hans von Spakovsky, a legal fellow at the conservative Heritage Foundation, said is now on ‘life support.’

Contrary to the decision in Humphrey’s, von Spakovsky said agencies like the Federal Trade Commission, the Securities and Exchange Commission and various labor boards ought not to be insulated from presidential firings.

‘The Constitution says the president is the head of the executive branch,’ von Spakovsky told Fox News Digital. ‘That means, just like the CEO of a big corporation, they get to supervise and run the entire corporation, or in this case, the entire executive branch, and you can’t have Congress taking parts of that away from him and saying, ‘Well, they’re going to keep doing executive branch things, including law enforcement, but you won’t have any control over them.’’

The Supreme Court’s decision came in response to a challenge from a Biden-appointed FTC commissioner whom President Donald Trump fired at will after taking office.

The high court said in a 6-3 emergency decision Trump’s termination of the commissioner, Rebecca Slaughter, could remain in place for now while it uses her case to take on Humphrey’s Executor, which centered on an FTC firing under President Franklin D. Roosevelt. The high court found Roosevelt could not fire a commissioner without cause.

Slaughter has called her firing illegal, pointing to Humphrey’s and the FTC Act, which says commissioners cannot be fired from their seven-year terms without cause such as malfeasance or negligence.

Joshua Blackman, a professor at South Texas College of Law, told Fox News Digital that if Humphrey’s is overturned or narrowed, it will likely also apply to other agencies that have statutory protections against firings designed to preserve their independence.

‘I think this ruling will necessarily reach beyond the FTC,’ Blackman said. ‘The only question is whether they maintain that the Federal Reserve is different.’

The high court indicated in an earlier shadow docket decision about labor board firings this year that it views the Federal Reserve as unique, a ‘quasi-private’ structure rooted in the traditions of the first central banks. A separate case involving Federal Reserve Governor Lisa Cook’s firing is testing that position.

Von Spakovsky said the Supreme Court has been inching toward addressing Humphrey’s. The 2010 decision to narrow the Sarbanes-Oxley Act by stripping independence from an accounting oversight board and the decision five years ago finding the president could fire the Consumer Financial Protection Bureau director at will were hints of this.

In the latter case, Chief Justice John Roberts wrote that the president’s power ‘to remove — and thus supervise — those who wield executive power on his behalf follows from the text of Article II.’ The CFPB’s ‘novel’ structure defied that presidential power because a single director oversees an agency that ‘wield[s] significant executive power.’

Ruling in Trump’s favor would help the president and his conservative allies realize their stated goal of achieving a unitary executive, a theory that says the president should have sole control over the executive branch.

As part of this vision, Trump abruptly sidestepped numerous statutes to pluck out protected appointees at independent agencies when he took office, moves the Supreme Court is now poised to weigh in on in Slaughter’s case.

Boston University School of Law professor Jed Shugerman said in a statement online that Trump has done ‘more to establish a unitary executive than all the judges and legal scholars in the world could ever do.’

However, Shugerman criticized the president, saying his tests of authority have also ‘done more to discredit and expose the unitary executive theory as lawless authoritarianism than any judge or legal scholar could ever do.’

John Shu, a constitutional law expert who served in both Bush administrations, recently told Fox News Digital he believed the Supreme Court would narrow Humphrey’s Executor because the FTC’s powers have greatly expanded since its inception.

‘The Federal Trade Commission of 1935 is a lot different than the Federal Trade Commission today,’ Shu said.

Shu said today’s FTC can open investigations, issue subpoenas, bring lawsuits, impose financial penalties and more. The FTC now has executive, quasi-legislative and quasi-judicial functions, he said.

This post appeared first on FOX NEWS

previous post
Shutdown explained: Who works, who doesn’t and how much it costs
next post
Trump says ‘real chance for greatness’ as Netanyahu White House meeting looms for Gaza talks

You may also like

Federal judge to sentence Justice Brett Kavanaugh’s attempted...

October 3, 2025

Hawley blasts FDA approval of new abortion drug,...

October 3, 2025

Government shutdown sparks GOP plan to penalize lawmakers...

October 3, 2025

Government shutdown enters 3rd day as Senate stalemate...

October 3, 2025

GOP rising star exposes how Biden admin was...

October 3, 2025

NATO allies clash after Russian jets breach airspace,...

October 2, 2025

First bipartisan shutdown negotiations surface on Capitol Hill...

October 2, 2025

Trump remains open to talks with Kim Jong...

October 2, 2025

Democrats refuse to budge over Obamacare fight as...

October 2, 2025

War Department pushes back on ‘false’ narrative of...

October 2, 2025

    Stay updated with the latest news, exclusive offers, and special promotions. Sign up now and be the first to know! As a member, you'll receive curated content, insider tips, and invitations to exclusive events. Don't miss out on being part of something special.


    By opting in you agree to receive emails from us and our affiliates. Your information is secure and your privacy is protected.

    Recent Posts

    • Hawley blasts FDA approval of new abortion drug, cites safety and trust concerns

      October 3, 2025
    • Federal judge to sentence Justice Brett Kavanaugh’s attempted assassin

      October 3, 2025
    • GOP rising star exposes how Biden admin was targeting him through controversial surveillance program

      October 3, 2025
    • Government shutdown enters 3rd day as Senate stalemate over Obamacare subsidies drags on

      October 3, 2025
    • Government shutdown sparks GOP plan to penalize lawmakers with new salary tax

      October 3, 2025
    • About us
    • Contact us
    • Privacy Policy
    • Terms & Conditions

    Copyright © 2025 moneyassetssaver.com | All Rights Reserved

    Money Assets Saver
    • Investing
    • Politics
    • Economy
    • World News