Posted on 12/05/2025 8:49:34 AM PST by CFW
On Monday, the Supreme Court will hear oral argument in Trump v. Slaughter, the case challenging limitations on the President's ability to remove members of the Federal Trade Commission. In resolving this question, the Court will consider whether to narrow or overrule Humphrey's Executor.
Perhaps to aid in the Court's deliberations, today the U.S. Court of Appeals for the D.C. Circuit decided the combined cases of Harris v. Bessent and Wilcox v. Trump, concerning the limitations on removal of members of the Merit System Protection Board and National Labor Relations Board.
In Harris, a divided panel concluded that the President could remove members of both the MSPB and NLRB on the grounds that both entities exercise executive power and that limitations on removal in such contexts is contrary to the Supreme Court's decision in Seila Law v. CFPB. In this way, the panel sought to distinguish this case from Humphrey's Executor, which concerned an FTC that, at the time, exercised quasi-legislative and quasi-judicial power, as opposed to core executive power. In the process the panel also provided the Court a potential roadmap for upholding President Trump's removal of Slaughter from the FTC without formally over-ruling Humphrey's Executor (and perhaps, in the process, giving a nod to revisionist scholarship suggesting that limits on removal in the context of officers exercising quasi-judicial is consistent with history and tradition).
(Excerpt) Read more at reason.com ...
“This is a BFD!”
- Sleepy Joe
"Well, actually, I can. Be gone by sundown."
There will someday be a Democrat in the White House. Maybe January 20, 2029, maybe four or eight or even twelve years later, but it will happen.
Then we’ll see how enthusiastic FR is about unfettered Presidential power.
3 judge PANEL with 1 dissenter in the DC Circuit is usually a case that is ripe for en Banc review. BUT, as this article points out, even this very liberal Circuit may let it stand.
Eagle Forgotten. Of course, your point is well taken. Like the elimination of the Senate filibuster, there seems no safe middle ground. Maybe the Supreme Court can “split the baby.” After all, Chief Justice Roberts can tell when a tax is not a tax.
Conservatives have consumed nothing but shit sandwiches since Reagan left office. Personally, I’m pretty sure I’ll be long dead before another socialist democrat gets elected as President. Praise God. In the meantime, stop being a fekking Karen and harshing everyone else’s mellow.
I don’t have a problem with that. We elect an executive every four years and they should get to pick their team players, not get stuck with the previous team chosen by a different exec.
And congress should not be writing stupid laws that try to subject an elected executive to such. They want to give away their own power or judicial power to bureaucracy that’s their prerogative, but they don’t get to legislate away executive control of the executive.
Elections should have consequences.
“In the meantime, stop being a fekking Karen and harshing everyone else’s mellow.”
Sorry. Let me correct what I wrote.
Trump will finish out his term, followed by J. D. Vance for eight years, then Don Jr. for eight years.
All the RINOs will see the light and become true conservatives. All the Democrats will self-deport to Sweden and other socialist countries, where they belong.
The issue of the filibuster will become irrelevant, because there will be at least 60 genuine conservatives in the Senate, in perpetuity, along with a permanent House majority.
Within ten years, Elon Musk will establish the first human colony on Mars. He’ll name it Trump City.
And, last but not least: The NFL, bowing to Trump’s wisdom, will rebrand itself as the National Gridiron League.
There, do you feel better now?
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