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In 1932, FDR decided he had better use for the seat and summarily fired Humphrey. Humphrey sued but died five months later. The executor of his estate pressed the suit to recoup five months' salary. This spat was destined to become a landmark Supreme Court precedent called Humphrey's Executor v. United States, 295 U.S. 602 (1935), or just Humphrey's Executor. Mr. Humphrey's estate hit the jackpot.
In a unanimous opinion, the Supreme Court ruled: //
This ruling let independent agencies do whatever they wished. As rulemaking became a big deal, an independent agency in the hands of political opponents of the president with the power to interpret statutes and make legally binding regulations could engage in sabotage of the president's agenda. //
Shipwreckedcrew @shipwreckedcrew
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Earlier today I posted a Substack article arguing that the TROs being sought against the Trump Admin are, in many respects, great opportunities for the Admin to assert its Article II authority over the Admin. state and push back against encroachments by Congress and the lower…SCOTUS has danced around the continuing vitality of the Humphrey's decision for many many years. The issue is now squarely before them. This is a fight worth having at this moment in time.
And the most important part about fights worth having is that you need someone who will fight them. And we do. //
Musicman
6 hours ago
Let's pray we finally have a Supreme Court that cares about the Constitution. There are three branches and only three branches. Either each "independent" board reports to the Executive, the Legislative or the Judicial. Those are the only choices. The notion of any kind of board with any kind of power could exist apart from the three branches is simply unconstitutional. Period.