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Humphrey’s Executor v. United States


               
2025 Feb 14, 11:56am   168 views  6 comments

by Patrick   follow (59)  

Humphrey's Executor v. United States, 295 U.S. 602 (1935), is a U.S. Supreme Court decision that allowed Congress to enact laws limiting the ability of the President of the United States to fire executive officials.

It prevents the president from firing his own employees in the executive branch.

https://www.coffeeandcovid.com/p/my-valentine-friday-february-14-2025


On Monday, Reuters quietly ran a barely-reported story headlined, “Federal agency critics make last pitch for US Supreme Court to hear ‘seismic’ case.”

https://nitter.poast.org/FedSoc/status/1889447243565903997

"Federalist Society @FedSoc Feb 11
But in more recent cases, the Supreme Court seems to be moving away from its century-old stance. For example, in Seila Law v. CFPB, the Court held that the structure of an agency with a single head who could only be removed for cause violated the separation of powers (the CFPB has continued as an agency only because its head is now removable at-will)."

Remember Reagan’s “unitary executive theory,” which argues the President should have authority to fire any executive-branch employee he wants? The unitary theory has never been fully endorsed by the Supreme Court, and so we suspected Trump’s aggressive early executive orders invited that particular fight. But Reuters reported that, as it turns out, there was already a case winding for years through the judiciary, which is now poised right on the precipice of Supreme Court review.

Get ready to hear a lot more about an ancient Supreme Court decision, Humphrey’s Executor v. United States. They’re racing toward overturning it, which would pour rocket fuel into Trump’s federal government reorganization.

On Wednesday, two days after the Reuters article ran, Trump’s new acting solicitor general mailed a curt letter responding to Senator Dick Durbin (D-IL), 80, who last week complained about Trump’s decision to remove members of various boards, like the EEOC and the CFPB, which Congress says cannot be removed, especially not without notice.

“I am writing to advise you,” the Solicitor General’s letter began, “that the DOJ has determined that certain for-cause removal provisions that apply to members of multi-member regulatory commissions are unconstitutional and that the Department will no longer defend their constitutionality.” Boom.

It was the shot heard ‘round DC. The DOJ’s letter then invoked Humphrey’s:

To the extent that Humphrey's Executor requires otherwise, the Department intends to urge
the Supreme Court to overrule that decision, which prevents the President from adequately
supervising principal officers in the Executive Branch who execute the laws on the President's
behalf, and which has already been severely eroded by recent Supreme Court decisions. See,
e.g., Selia Law, 591 U.S. at 223-229; Free Enter. Fund v. Public Co. Accounting Oversight Bd., 561
U.S. 477, 492-494 (2010).

Reuter’s article from Monday reported that the Supreme Court has now relisted the case challenging Humphrey’s twice, showing it is under serious consideration. Two days ago, the Solicitor General revealed the Administration’s intent to urge the Supreme Court to take the case, and to overrule Humphrey’s completely. If it does, which seems likely, a whole slew of agencies previously protected by Congress will face accountability.

It could be very big. The Supreme Court might just remove the statutory restrictions on Trump’s ability to fire agency board members, or it could go whole hog and fully embrace the whole unitary executive theory, making all the current lawsuits and TRO instantly obsolete.

And by throwing down the Humphrey’s gauntlet, the Solicitor General created a legally supported justification for Trump to keep doing what he has been doing right now.

That’s why Reuter’s called the case seismic.

Comments 1 - 6 of 6        Search these comments

1   Patrick   2025 May 27, 11:28am  

https://www.coffeeandcovid.com/p/humphrey-howled-tuesday-may-27-2025


Yesterday, SCOTUSblog ran an encouraging story headlined, “Supreme Court allows Trump to remove agency heads without cause for now.” This is a much bigger deal than it looks at first blush.

In a decision that sent tremors rumbling through D.C.’s bureaucratic marble halls, the Supreme Court granted Trump’s emergency request to remove two federal agency heads— without showing cause. The National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB) have both historically been insulated from presidential whim by statutory “for-cause” removal protections.

Those two agencies are critical to Trump’s agenda, since they review and can halt any other federal firing. Until President Trump began firing board members, the boards were majority Democrat. ...

The three liberal Justices —Kagan, Sotomayor, and Jackson— howled in dissent, excreting an 8-page stinker that called the majority’s two-page ruling “extraordinary.” Justice Kagan, writing for the outraged minority, said, “It favors the President over our precedent, and it does so unrestrained.” ...

When Kagan referred to “preferring the President over precedent,” she was talking about an old FDR-era (1935) Supreme Court case called Humphrey’s Executor, which was directly on point. In that case, the Supreme Court had unanimously ruled that Congress can limit the president’s power to remove officials from independent agencies. Since 2020, the conservative Court delicately chipped away at Humphrey’s holding in two Biden-era cases.

This isn’t chipping though. This is just tossing Humprey’s into the bleach-bitter. It would’ve been far easier—and far more typical—for the Court’s majority to let Humphrey’s New Deal precedent stand for now, even if they were quietly polishing the judicial garden shears for later pruning. Instead, they reached right past their precedent toward the chainsaw.

The majority’s order letting Trump proceed with the two firings seems to signal the Court is ready to overturn or at least further modify Humprey’s. If upheld, it will cut deeply into the modern administrative state, letting the president fire anyone at will, even if Congress tried to prevent the president from doing exactly that. So-called “independent agencies” include the NLRB, MSPB, FTC, FCC, the SEC, and more.

To be clear: despite all the corporate media hand-wringing, this isn’t about building up the Executive Branch’s power into a dictatorship. It might look like a shift of power from Congress to the President, but that’s a smokescreen. Instead, this decision is part of a much broader movement that is slowly shifting power from the unelected permanent bureaucracy —the deep state— and back to the President where it belongs.

The deep state appears nowhere in the Constitution, and that founding document sure doesn’t let Congress create a permanent “fourth branch” of power-wielding bureaucrats.

In other words, Presidential power isn’t expanding— it’s being restored to where it was originally placed in the Constitution: at the top of the executive pyramid. Congress’ attempt to protect federal agencies from their own boss was the original usurpation of Constitutional order. The Founders gave us three branches, not four. They vested executive power in a single person for a reason: so voters can hold someone accountable.

So— be encouraged. Despite all the attention to one frustrating immigration decision last week, the Supreme Court has not gone rogue. The brake on rogue lower courts is still working.
2   MolotovCocktail   2025 May 28, 8:38am  

This means he might be able to fire Powell. Might. The Fed is not a federal agency but a congressionally chartered corporation.
3   Ceffer   2025 May 28, 9:44am  

Overturning Humphrey is also aimed squarely at the Senior Executive Service (whose complete roster of names and identities we don't even know, could be Putin for all we know), who have usurped the Executive and basically ruled as the shadow government of Biden without identification or recognizance. And yet, the SES are also the most highly paid of government employees, above and beyond the GS system.

They originally were intended as a continuity of government redundancy system operating from Mount Weather complex, but decided that they would give themselves the whole executive crown no matter who was 'pshaw' 'elected'. They may be the corporate conglomerate 'handshake' clubs similar to those that operate the Vatican and the legal and banking systems for worldwide criminal enterprise from the City of London.

SES is why these unseen, unelected ruling bureaucrats with the comfort and aid of the Intels are able to shuffle in proxies and body doubles into the avenues and halls of government so easily. They have the keys to all the buildings and the infrastructure payrolls. Mount Weather must have a direct connection to the system of Satanic DUMBs. They are likely the corporate entities (Royal West Indies Company) who hire whatever mercenary element is in the MIC (or whatever rogue gov. or agency) to perform the DEW and HAARP right of way/eminent domain firestorm and destructive weather contracts (Paradise, Lahaina, Palisades, hurricane steering etc.).
4   Ceffer   2025 May 28, 11:04am  

Thank you, Jimmy Carter, who was chosen to be President by RIIA and Chatham House because he was weak and had a couple of nervous breakdowns and was under ongoing psychiatric care (putty to Tavistock). He basically handed over the government to the unelected with the Senior Executive Service.





https://themillenniumreport.com/2018/01/deep-state-shadow-government-revealed-senior-executive-service/




Deep State Fuck You Dearly pdf

We Can't Even Find Out Who The SES are pdf
5   Patrick   2025 Sep 22, 8:25pm  

https://x.com/JWheelertv/status/1970208805976957125


A 6-3 Supreme Court allows President Trump to fire Biden appointee Rebecca Slaughter from Federal Trade Commission and agrees to hear arguments in December challenging Humphrey's Executor
6   Ceffer   2025 Sep 23, 1:42am  

This blip claims Humphrey's was already overturned, but I think Pat's version is probably closer to the truth.

https://x.com/mjtruthultra/status/1970224846689702042?s=46

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