Trump v. Slaughter · ¶244

Last, the majority takes aim at Humphrey’s use of the terms “‘quasi-legislative’” and “‘quasi-judicial.’” Ante, at 22. Humphrey’s, however, did not draw these terms from thin air. They were “well-established term[s]-of-art,” recognized by figures from Madison to Taft by the time Humph rey’s was decided. See Brief for Legal Historian N. Rosenblum et al. as Amici Curiae 14; see id., at 4–5, 13, 20–21. Madison, recall, recognized that even executive officers may “partak[e] strongly of the judicial character” and that such officers raise distinct considerations when it comes to removal. 1 Annals of Cong. 612. By the early-19th century, courts, too, were using the term “‘quasi-judicial’ to describe the duties of specialist officers whose work bore functional and procedural similarities with that of the judiciary” and the term “quasi-legislative” to refer to functions served by “‘subordinate…

slip opinion, revised 7/07/26
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