Washington, D.C. — President Donald Trump’s move to fire several members of independent government agencies that protect worker health, safety, and wages is setting the stage for a major legal fight over a 90-year-old Supreme Court case.
A new analysis from the Center for American Progress discusses the importance of this landmark case, known as Humphrey’s Executor, which has long protected independent agencies from undue political influence.
These agencies, such as the Federal Communications Commission and the Consumer Product Safety Commission, are generally led by bipartisan commissioners who are supposed to be insulated from day-to-day political interference. That independence is a key distinction from other executive departments directly under the president’s control, such as the Treasury Department.
The Supreme Court in Humphrey’s Executor made clear that Congress can create removal protections for independent agency heads, including the requirement that the president can fire independent agency leaders only for a serious reason, such as malfeasance or neglect of duties. Despite this clear precedent, President Trump fired multiple independent agency leaders without cause — an apparent quest to gain near-total control of these agencies following the plan of Project 2025.
The analysis discusses how Humphrey’s Executor has been settled caselaw for almost a century, offering vital protection for expert agencies to do nonpartisan work that protects the American people.
“Without Humphrey’s Executor, Americans will be at greater risk of dying on our roadways, being injured by unsafe products, and being scammed out of their hard-earned savings by big banks,” said Michael Sozan, senior fellow for Democracy at CAP and co-author of the analysis. “Courts should reject any challenge to this foundational case.”
Read the column: “What Is Humphrey’s Executor and Why Should You Care About It?” by Hayley Durudogan and Michael Sozan
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For more information or to speak with an expert, please contact Sam Hananel at [email protected].