Skip to content
THE LIBERTY TRIBUNE

SCOTUS Tees Up Potential Takedown Of 'Independent Agencies' Theory

Updated: 9/23/2025

Administrative Stateexecutive powerFederal Trade CommissionHumphrey's Executor v. U.S.independent agenciesSCOTUSseparation of powersSupreme Court

What it is

The U.S. Supreme Court is indicating it may reconsider longstanding precedent that has been utilized by progressives to challenge the separation of powers in the United States. On Monday, the Court granted a request from the Trump administration to temporarily pause a lower court injunction issued by a Biden-appointed district judge, which sought to prevent President Trump from firing Rebecca Slaughter, a Democratic member of the Federal Trade Commission (FTC).

Why it matters

  • Notably, the Supreme Court's order revealed that the justices will consider the merits of the case, with oral arguments tentatively scheduled for December
  • This case originated in the early 1930s when President Herbert Hoover appointed William Humphrey to the FTC
  • Following Humphrey's dismissal, his executor filed a lawsuit challenging the termination and seeking to recover his salary
  • The Supreme Court ultimately ruled against Roosevelt in a unanimous decision, asserting that Humphrey’s termination lacked justification and that the FTC Act was constitutional
  • Critics, including Hans van Spakovsky of The Heritage Foundation, argue that the decision was flawed, asserting that the FTC engages in executive functions by promulgating regulations and enforcing laws
  • Van Spakovsky emphasized that it is the president's responsibility to ensure laws are executed faithfully

Key facts

Timeline & recent coverage

  • See related posts on our site; this explainer updates when new reporting appears
  • For deeper background, explore the sources below

Primary sources

Further reading & references

  • (Additional background links will appear here as we cover this topic)

Related explainers