The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

About The Volokh Conspiracy Editorial Independence Who we are Books Volokh Daily Email Archives Search DMCA RSS

Federal Trade Commission

The End of Independent Agencies

The death of Humphrey's Executor was foretold, but some of the consequences may not have been anticipated.

Jonathan H. Adler | 7.22.2026 3:26 PM

Members of the Federal Trade Commission are no longer protected from presidential removal without cause. Humphrey's Executor--or whatever was left of it--is dead. Congress may not limit the President's authority to remove principal officers who exercise executive power (save for members of the Federal Reserve, apparently). This is the consequence of Trump v. Slaughter.

The practical effects of Slaughter may not be immediately apparent, or so I suggest in my latest Civitas Outlook column. So-called "independent agencies," such as the Federal Trade Commission, have not been meaningfully independent for some........

© Reason.com