The Corner

Death Throes of Humphrey’s Executor

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Supreme Court Chief Justice John Roberts waits for President Donald Trump’s State of the Union address to a joint session of Congress, February 4, 2020.

Leah Millis/Reuters Pool

Humphrey’s Executor, a New Deal era Supreme Court precedent that is foundational to the modern administrative state and that the Trump administration hopes to convince the Court to overrule, continues inching toward the crypt.

On Monday, Chief Justice John G. Roberts, Jr., issued an administrative stay against a lower court ruling that had allowed Rebecca Slaughter to continue in her position as a member of the Federal Trade Commission (FTC) despite President Trump’s firing of her.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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