The Volokh Conspiracy
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Webinar on the Future of Humphrey's Executor and Agency Independence
A discussion of whether and when the Supreme Court might overturn Humphrey's Executor v. United States.
Humphrey's Executor may be in the crosshairs. President Trump's decision to remove a range of agency officials, including the Chair of the National Labor Relations Board and the Special Counsel of the Office of Special Counsel, and the Department of Justice's announcement that it will no longer defend Humphrey's Executor as a correct constitutional decision certainly makes it seem like the Supreme Court will soon be faced with a decision whether to uphold this precedent or overturn it.
Tomorrow, I will be participating in a Federalist Society webinar, "You're Fired! Trump, Tenure Protection, and the Future of Humphrey's Executor," to discuss the future of this precedent and so-called independent agencies. Joining me on the program will be Prof. Victoria Nourse (Georgetown), Prof. Dan Epstein (St. Thomas), WIll Yeatman (PLF), and Elizabeth Slattery (PLF) as the moderator. Registration info is here.
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What provision of the Constitution gives Congress the authority to create independent agencies?