The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Sept. 26
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Sep 29, 2025 In a lively discussion, experts tackle the Supreme Court's decision on Rebecca Slaughter's FTC case and the implications of potentially overruling Humphrey's Executor. They dissect James Comey's indictment and explore the reopening of old leak investigations, probing into political motivations. The podcast also highlights challenges to warrantless detentions of migrants in D.C., while updates on various litigation cases keep the conversation dynamic. Tune in for insightful analysis and audience questions that cover a broad spectrum of legal battles.
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High Court Targets For-Cause Protections
- The Supreme Court granted cert in Slaughter, signaling a likely attack on Humphrey's Executor and independent-agency protections.
- The Court also raised a broader removal question that could extend far beyond FTC commissioners.
Potential Blast Radius From Humphrey Overrule
- Conservative justices and the Federalist Society's influence make Humphrey's Executor vulnerable to overruling.
- The big risk is a broad ruling that could reach inferior officers and regular civil servants, reshaping de facto separation of powers.
Court Decisions Shift Practical Power To Executive
- Recent rulings favor executive power by narrowing statutes' effectiveness while the Court resists direct separation-of-powers findings.
- That leaves Congress with a high bar and heavy costs to restore statutory authority in practice.