Trump v. Slaughter · ¶59

From the start, Humphrey’s was tethered to a highly circumscribed and almost fictional view of the FTC’s role. Humphrey’s by its terms applied only to agencies that occupy “no place in the executive department,” are “independent of executive authority,” and exercise “no part of the executive power.” Id., at 625, 628. Indeed, Justice Sutherland took pains to emphasize that “the character of the office”— executive or nonexecutive—would determine the result of future cases, and to reiterate that the Court’s decision was limited “to officers of the kind here under consideration.” Id., at 631–632.

slip opinion, revised 7/07/26
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