Trump v. Slaughter · ¶239

The majority’s assertion that Humphrey’s has proved unworkable also blinks reality. Ante, at 22–23. As just shown, for over 90 years Congress has legislated, and the Government ably functioned, against the “commonly understood” rule that heads of certain multimember agencies can enjoy modest tenure protections from at-will Presidential removal. Free Enterprise Fund v. Public Co. Accounting Over sight Bd., 537 F. 3d 667, 695 (CADC 2008) (Kavanaugh, J., dissenting). These agencies, in short, have become ubiquitous over the last century and a half.

slip opinion, revised 7/07/26
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