Necessary & Proper Episode 94: The End of Humphrey’s Executor?

Does the President control independent agencies? This panel will examine the Trump administration’s efforts to reassert presidential control over independent federal agencies, considering the constitutional, legal, and practical implications of such actions. Central to the discussion will be Humphrey’s Executor v. United States, which upheld the independence of certain regulatory bodies by limiting the President’s removal power, and the perspectives raised by legal cases such as Hampton Dellinger’s, which questioned the administration’s authority over the removal of agency officials. Proponents argue that increased presidential oversight enhances accountability, ensuring agencies align with elected leadership’s policies, while critics warn that such changes could erode agency independence and introduce political influence into regulatory decisions. The discussion will consider whether these changes promote efficient governance or threaten the integrity of federal oversight.
Featuring:

Prof. Jed Shugerman, Professor, Boston University School of Law
Prof. Ilan Wurman, Julius E. Davis Professor of Law, University of Minnesota Law School
(Moderator) Prof. Aram Gavoor, Associate Dean for Academic Affairs, The George Washington University Law School