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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.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 register: Thomas, Alito, Gorsuch, Kavanaugh all read as settled-direction. The four hard-conservative votes are essentially locked.
- 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.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.
Opened
May 9, 2026
Expected resolution
June 30, 2026