Advisory Opinions All About Slaughter
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Dec 4, 2025 Dive into the intriguing legal battle of Trump v. Slaughter, exploring the origins of the modern administrative state and the rise of independent agencies. Uncover the complexities of the unitary-executive theory and its critiques from Scalia. Listen as Sarah and David discuss the historical context of landmark decisions like Humphrey's Executor and the implications for the FTC. They also tackle divisive topics like politicized attorneys general and the challenges of military justice, making for a captivating legal conversation.
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Why Congress Built Independent Agencies
- Congress created quasi-independent agencies to hold onto power while delegating complex regulation to technocrats.
- That design intentionally limited presidential removal power and built checks like partisan composition rules.
Humphrey's Role In The Administrative State
- Humphrey's Executor allowed Congress to attach removal limits to independent agencies and enabled a modern administrative class.
- That decision seeded decades of quasi-legislative, quasi-judicial agency structures now facing unitary-executive challenges.
What Trump v. Slaughter Asks The Court
- The Supreme Court granted review on whether FTC removal protections violate separation of powers and whether Humphrey's Executor should be overruled.
- The case also asks whether courts can order reinstatement after unlawful removal, linking remedy to the constitutional question.
