On Wednesday, Acting Solicitor General Sarah Harris wrote Senator Richard Durbin, the ranking member of the Senate Judiciary Committee, that the Justice Department intends to urge the Supreme Court to overrule Humphrey’s Executor v. United States. That was the 1935 decision involving the Federal Trade Commission (FTC) that upheld restrictions on the president’s ability to remove commissioners of independent agencies. The president could remove them for cause, but not at will. At least that was the case for multimember bodies which, taken on the terms by which the Court dubiously characterized the FTC nine decades ago, exercised legislative and judicial rather than executive power. https://www.nationalreview.com/bench-memos/the-justice-department-takes-a-welcome-stand-against-humphreys-executor/
