Advisory Opinions All About Slaughter
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Dec 4, 2025 Dive into the intriguing legal battle of Trump v. Slaughter, exploring the origins of the modern administrative state and the rise of independent agencies. Uncover the complexities of the unitary-executive theory and its critiques from Scalia. Listen as Sarah and David discuss the historical context of landmark decisions like Humphrey's Executor and the implications for the FTC. They also tackle divisive topics like politicized attorneys general and the challenges of military justice, making for a captivating legal conversation.
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Let Congress, Not Courts, Rebuild The Scheme
- If a court finds statutory structural defects, prefer letting Congress fix the scheme rather than wholesale severing individual provisions.
- Avoid piecemeal judicial rewrites that leave the executive with enlarged power absent the original checks.
Myers And The Founders' Removal Debate
- Myers affirmed the president's exclusive removal power for executive officers based on founding-era practice and the Decision of 1789.
- Chief Justice Taft grounded removal authority in Article II's vesting of executive power in a single president.
Why Humphrey's Diverged From Myers
- Humphrey's Executor distinguished Myers by labeling FTC commissioners 'quasi-legislative' and 'quasi-judicial', exempting them from unilateral presidential control.
- That reasoning formed the bedrock for preserving multi-member independent commissions and their for-cause protections.
