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Roberts Court Accelerates Shift Toward Executive Control as New Term Tests Agency Power

Observers describe a long-running transformation that elevates presidents over regulators.

Overview

  • With the new term under way, the justices have taken a case that could weaken Humphrey’s Executor and expand at‑will removal of agency leaders.
  • In 2020’s Seila Law, Chief Justice John Roberts wrote the opinion striking statutory protections for removing the Consumer Financial Protection Bureau director.
  • In SEC v. Jarkesy, the Court barred the SEC from using in‑house adjudication for securities‑fraud civil penalties, with dissents warning of disruption across more than 200 statutes administered by dozens of agencies.
  • A 2024 Roberts opinion recognized presumptive immunity for presidential official acts, which commentators say halted multiple prosecutions of President Trump.
  • Critics and court dissenters argue the Court’s approach concentrates White House control while constraining regulatory enforcement, aligning with conservative efforts to recast administrative law and leaving outcomes in pending disputes uncertain.