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Trump v Slaughter — Humphrey's Executor overturned

Will the Supreme Court overturn Humphrey's Executor (1935) on FTC removal protections?

EHIQ
75%
(70-82%)
Market
Edge

Thesis

The conservative majority has been telegraphing readiness to overturn Humphrey's for years (Seila Law 2020 distinguished it; Collins v Yellen 2021 narrowed it further). Roberts and Alito have written explicitly that independent agency removal protections strain Article II. With a 6-3 majority and a clean vehicle case (FTC commissioners), this is the highest-probability major-doctrine reversal of the term. Per-justice register read: Thomas / Alito / Gorsuch / Kavanaugh all read as settled anti-Humphrey. Barrett shows sharp elevation — likely concurrence on narrower grounds. Roberts is wrestling with scope, not outcome. Isgur frame: 6-3 strike-down with Roberts joining narrowly is base case.
  1. 1.Conservative majority has been narrowing Humphrey's for years: Seila Law (2020) distinguished it; Collins v Yellen (2021) narrowed further. Direct overturn is the next logical step.
  2. 2.Per-justice register: Thomas, Alito, Gorsuch, Kavanaugh all read as settled-direction. The four hard-conservative votes are essentially locked.
  3. 3.Barrett shows sharp register elevation — wrestling with it. May concur on narrower grounds, preserving as-applied doctrine for multi-member commissions, but joining strike-down on majority.
  4. 4.Roberts is the swing on scope. He prefers narrow incremental rulings. The question isn't whether he joins, it's whether he writes the opinion narrowly enough to preserve some Humphrey's residue.
  5. 5.Isgur framework: 6-3 strike-down with Roberts joining is the most likely outcome, not a broader 5-4 + concurrence split. The doctrine has been dying for 6 years; June 2026 is the funeral.
Opened
May 9, 2026
Expected resolution
June 30, 2026