R.I.P. Humphrey’s Executor

On Monday the US Supreme Court granted certiorari to decide “Whether the statutory removal protections for members of the Federal Trade Commission violate the separation of powers and, if so, whether Humphrey’s Executor v. United States, 295 U. S. 602 (1935), should be overruled.” Trump v. Slaughter (US S Ct 09/22/2025) [PDF].

Whatever they decide in this case will also apply to NLRB Members.

I think we’ll see a 6-3 decision to overrule Humphrey’s Executor. It was not a well-reasoned decision in the first place, and has been undermined by recent Supreme Court decisions.