Trump v. Slaughter · ¶215

Perhaps for those reasons, and despite the majority’s contrary presentation, it is Myers that had little impact when it was decided and has only waned in influence since. Within a decade, and with four Justices from the Myers majority still on the Court, the Court in Humphrey’s “reexamined the precedents referred to in the Myers case, and f[ou]nd nothing in them to justify a conclusion contrary to” the one it reached as to the FTC. 295 U. S., at 630. The Court unanimously abandoned Myers’s expansive dicta, approving only “the narrow point actually decided” on the removability of postmasters “without the advice and consent of the Senate.” 295 U. S., at 626. All other statements “out of harmony” with Humphrey’s were “disapproved.” Ibid.

slip opinion, revised 7/07/26
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