Overview

• The Department of Justice, under Acting Solicitor General Sarah Harris, has declared certain tenure protections for members of the FTC, NLRB, and CPSC unconstitutional.
• The DOJ argues that the 1935 Supreme Court ruling in Humphrey's Executor improperly restricts the president's authority to remove principal officers in independent agencies.
• The Trump administration intends to urge the Supreme Court to overturn Humphrey's Executor, citing recent decisions that have eroded its legal foundation.
• This challenge comes as lawsuits, including one by former NLRB member Gwynne Wilcox, contest firings conducted by the Trump administration under the protections of the Humphrey's Executor precedent.
• If overturned, the ruling could significantly expand presidential power over independent federal agencies, altering the balance of agency independence established over the past 90 years.