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Trump v. Slaughter · ¶92

When it comes to its own proposal for how precisely Humphrey’s should work in practice, the dissent says very little. Slaughter, for her part, is left with the vague argument that we should police Congress’s decisions for “reasonableness.” “[I]f Congress reasonably decides that the President should be able to remove some duly appointed officers only for certain causes and through certain processes,” she argues, the courts should respect that decision, and require that the President “discharge his obligations under the Take Care Clause by going through those processes when warranted.” Brief for Respondent 25 (internal quotation marks omitted).
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slip opinion, revised 7/07/26
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