On September 8, 2025, once again, the question of the President’s authority to terminate, without cause, commissioners of independent agencies, was examined in federal court and appealed to the Supreme Court, and once again, the Supreme Court of the United States (SCOTUS) overruled the court of appeals and granted a temporary stay of that court’s
The U.S. Supreme Court gave a strong signal that it will likely overturn Humphrey’s Executor v. United States, a 90-year-old case which held that Congress may restrict the President’s authority to terminate officials at independent federal agencies without cause.
Read the full article here.
In an important development since our June 24, 2025 article, on July 1, 2025, the Fourth Circuit Court of Appeals denied the Trump administration’s motion to stay a district court’s decision reinstating three Democratic commissioners to the Consumer Product Safety Commission (CPSC). Immediately after the Fourth Circuit’s decision, the Department of Justice (DOJ) submitted
