Slate News Amicus | Long Live The King?
Feb 22, 2025
Deepak Gupta, the founding principal of Gupta-Wessler LLP and former senior counsel at the CFPB, dives into the implications of a new conservative legal theory invoked by Trump's administration. Gupta analyzes the potential for an 'imperial presidency' through the unitary executive theory and its challenges at the Supreme Court. He discusses the crucial role of the CFPB in consumer protection and highlights ongoing legal battles concerning agency independence. The conversation raises urgent questions about the balance of power in governance as political dynamics shift.
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Independent Agencies
- Independent agencies offer expertise and freedom from raw political influence.
- They balance power by having appointed officials serve terms with removal protections.
Humphrey's Executor Explained
- Humphrey's Executor v. United States (1935) affirmed Congress's power to create independent agencies.
- This affirmed that quasi-legislative and adjudicative bodies can have members protected from removal.
Trump's DOJ and *Humphrey's Executor*
- Trump's DOJ operates as if Humphrey's Executor is overturned, ignoring existing law.
- They're creating test cases to challenge settled legal precedent.