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Trump v. Slaughter (No. 25-332) — Humphrey's Executor overturned
Will the Supreme Court overturn Humphrey's Executor (1935) on FTC removal protections?
EHIQ
75%
(70-82%)
Market
—
Edge
—
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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 read from opinion record + oral argument: Thomas / Alito / Gorsuch / Kavanaugh appear settled anti-Humphrey based on prior writings. Barrett's recent opinions and questioning suggest she's wrestling — 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.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.Per-justice read from opinion record: Thomas, Alito, Gorsuch, Kavanaugh all read as settled-direction. The four hard-conservative votes are essentially locked.
- 3.Barrett's prior opinions and questioning suggest she's wrestling. May concur on narrower grounds, preserving as-applied doctrine for multi-member commissions, but joining strike-down on majority.
- 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.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.
Resolution
Outcome
Overturned 6-3 (Trump v. Slaughter)
Resolved
June 29, 2026
Graded vs actual ruling (FACT_CHECKER, primary-source).
Opened
May 9, 2026
Expected resolution
June 30, 2026