Trump v. Slaughter · ¶171
Congress, moreover, has taken this action not only with the Executive Branch’s “acquiesce[nce],” but also with the active participation of Presidents across the ideological spectrum. Zivotofsky v. Kerry, 576 U. S. 1, 23 (2015); see also, e.g., United States v. Midwest Oil Co., 236 U. S. 459, 473 (1915) (endorsing the “wise and quieting rule that in determining . . . the existence of a power, weight shall be given to the usage itself—even when the validity of the practice is the subject of investigation”). President Lincoln, even before the creation of the ICC in 1887, “asked Congress to establish” a Comptroller of the Currency and then signed the bill enacting that office into law even though it restricted the President’s power to remove the Comptroller. Seila Law, 591 U. S., at 274 (opinion of KAGAN, J.). In fact, other than Humphrey’s own removal, the Government struggles to find any…Read in context ›
slip opinion, revised 7/07/26
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