Bloomberg Law This Week at the Supreme Court
Dec 14, 2025
William Treanor, a constitutional law expert from Georgetown, dives into the implications of independent agency removals and the stakes under current political influences. Richard Brafalt, from Columbia Law, discusses the constitutionality of campaign finance limits, highlighting the tension between free speech and contributions. James Park, a securities law scholar at UCLA, analyzes a significant lawsuit concerning shareholder rights under the Investment Company Act, raising concerns about private litigation impacting SEC enforcement. It's a riveting conversation on law and governance.
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Overturning Humphrey's Executor Raises Big Stakes
- Overruling Humphrey's Executor would let presidents politicize agencies that currently protect expertise and neutrality.
- Treanor calls the stakes huge, especially for agencies that oversee health, safety, and economic regulation.
Difficulty Drawing Lines Between Agencies
- Conservative justices struggle to carve exceptions, wanting to protect Federal Reserve independence while limiting other agencies.
- Treanor doubts a coherent line distinguishing economic agencies from regulatory ones exists in history or text.
Draft Clearer Statutes To Preserve Independence
- Congress should consider drafting clearer limits if the Court narrows Humphrey's Executor to preserve some agency independence.
- Treanor suggests protections might survive for quasi-judicial agencies if Congress specifies removal constraints.