Trump v. Slaughter · ¶164

Searching for a distinction, the Government (echoed by the majority) contends that Humphrey’s should not control as to the present-day FTC because the FTC’s powers have expanded over the years since Humphrey’s was decided. See Brief for Petitioners 25–28; ante, at 25–27. The premise that the FTC has fundamentally changed, however, is untrue: Contrary to the Government’s assertions, the FTC of 1935, like today’s FTC, had the power to conduct investigations, make rules, and bring enforcement actions. See Federal Trade Commission Act, 38 Stat. 719–723. To the extent the FTC has gained power since 1914 (for example, the Government cites its ability to seek civil penalties, see Brief for Petitioners 25–26), those changes at the margins do not so transform the “character of the office” as to bring the agency outside of Humphrey’s rule. 295 U. S., at 631. If it were true that the political…

slip opinion, revised 7/07/26
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