Will the Supreme Court constrain the wild Trump? : I wouldn’t bet on it.

Source: Robert Reich (Substack)

February 17, 2025

Trump’s emergency application took direct aim at a precedent from 1935 in which the Supreme Court unanimously ruled that Congress can shield independent agencies from politics.

That case, Humphrey’s Executor v. United States, concerned a federal law that protected commissioners of the Federal Trade Commission, saying they could be removed only for “inefficiency, neglect of duty or malfeasance in office” — the same language that Congress used decades later to protect the Special Counsel.

So what now? I’m afraid the Trump White House and the Supreme Court have teed up the Dellinger case to mark the end of Humphries Executor — and therefore the practical end of independent agencies. They may carve out the Federal Reserve on some pretext, but they are bent on centralizing presidential power.

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