Whether you are a lawyer or just interested in the law, chances are you have heard of Humphrey’s Executor. It seems that the case is always mentioned whenever pundits debate President Trump’s power to fire members of federal agencies.
Supporters of Rebecca Kelly Slaughter, formerly a member of the Federal Trade Commission, cite the Humphrey’s Executor decision to contest Trump’s right to terminate her. In that 1935 case, the Supreme Court ruled 9-0 that an FTC commissioner can be fired only “for cause,” which under the FTC Act is defined as “inefficiency, neglect of duty, or malfeasance.” Disagreement over policy, according to the Court’s holding, is not a sufficient basis for termination.
Trump’s supporters contend that the FTC, like all federal agencies, is part of the executive branch of the federal government. All members of that agency must be answerable to the President since he is the head of the executive branch. Otherwise, the federal agencies would constitute an unconstitutional fourth branch of government. They urge the Supreme Court to overrule Humphrey’s Executor.
But just who was this fellow Humphrey?
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