Amicus With Dahlia Lithwick | Law, justice, and the courts Long Live The King?
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Feb 22, 2025 
Deepak Gupta, founding principal at Gupta-Wessler LLP and a former senior counsel at the CFPB, discusses the implications of the unitary executive theory and its potential to grant unprecedented powers to the presidency. He explores the erosion of agency independence and the challenges faced by the Consumer Financial Protection Bureau under the current administration. Gupta also addresses significant upcoming legal battles, particularly regarding the firing of a key NLRB chair and the risks of an 'imperial presidency' in today's political landscape.
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Independent Agencies
- Independent agencies, like the FTC and FCC, were created to address complex issues requiring expertise.
- These agencies offer a degree of independence from direct presidential control, ensuring stability and professionalism.
Humphrey's Executor Explained
- Humphrey's Executor v. United States (1935) affirmed the constitutionality of independent agencies.
- It established that Congress can protect agency heads from removal, limiting presidential power.
Unitary Executive Theory
- The unitary executive theory posits that the president has expansive control over the executive branch, including independent agencies.
- Trump's interpretation of this theory is maximalist, suggesting absolute authority.