Season 5, Episode 47 (Show 256): Humphrey’s Execution

December 10, 2025

The Supreme Court held oral argument in the case of Trump v. Slaughter, to determine if an FTC governor can be dismissed by the president at will.  We analyze.

CLE Credit Available for this episode from podcast.njsba.com.

Oral arguments took place in the highly-anticipated unitary executive case, Trump v. Slaughter. The overruling of the case that seems to govern, Humphrey’s Executor, has been long expected, and indeed, the Chief Justice referred to the “dry husk” that was all that remained of that case after recent years of whittling by the current and recent Court.  However, faced with the extremity of possible consequences, the Court veered this way and that, indicating that while the direction seems clear, the destination may not be.  Fascinating intersections with other cases and theories that Professor Amar has studied and expounded over the years abound, and in our Cosell-like tour of the argument’s twists and turns, you will learn how it fits together. 

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

How to get Continuing Legal Education Credit for listening!

Virtually all lawyers and judges admitted to practice anywhere in the USA can obtain CLE (Continuing Legal Education) credit after listening to this episode by visiting podcast.njsba.com.  You do not have to be a New Jersey lawyer or resident or admitted to the NJ Bar; essentially every state has reciprocity arrangements with New Jersey.  When you visit the site you fill out a form and provide the code Andy read during the episode, pay a small fee, and within two weeks you will receive the certificate from New Jersey.  It couldn’t be easier.  Thanks to the New Jersey Bar Association for making this possible!  Note, too, that other podcast episodes from our “back catalog” now qualify for this credit as well.

Click to go to the website for CLE credit

America's Unwritten Constitution, excerpts - Akhil Reed Amar

Professor Amar writes in this 2012 book on the constitutional issues surrounding independent agencies.

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Humphrey's Executor v. United States (1935)

The Supreme Court rules unanimously that a commissioner on the FTC cannot be fired without cause by President Franklin D. Roosevelt.

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Must Administrative Officers Serve at the President’s Pleasure? - Democracy Project

Professor Caleb Nelson writes on unitary executive theory in a recent article mentioned in the oral argument.  It should be noted that Professor Amar does not agree with all the arguments in this article.

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Seila Law LLC v. Consumer Financial Protection Bureau

A 2020 case on multi-member vs. single-head boards which comes up in questions by Justice Thomas in the oral argument.

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