An ‘Originalist’ Court Overturns an Originalist Decision
The Supreme Court, led by Chief Justice John Roberts, has overturned the 90-year-old precedent of Humphrey’s Executor v. United States. The decision in Trump v. Slaughter limits the power of independent commissions by allowing the president to remove their members without cause.
Why it matters
This ruling significantly alters the balance of power between the executive branch and independent regulatory agencies, marking a major shift in constitutional interpretation.
Win McNamee / Getty June 30, 2026, 3:03 PM ET Share Save Y esterday, Chief Justice John Roberts delivered what conservative originalists have long been rooting for: overturning Humphrey’s Executor v. United States . That 90-year-old decision, which the Roberts Court has gradually been chipping away at, held that Congress could create independent commissions—such as the Federal Trade Commission—whose members are appointed by the president but protected from no-cause presidential removal. According to Roberts’s opinion in Trump v. Slaughter , this limitation on the president’s power is unconstitutional.
The author critiques the Court's decision as a departure from historical originalism and suggests the previous precedent was superior.
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