December 07, 2025

On Friday, December 5, the Federalist Society hosted a panel discussion titled “Is This the End of Humphrey’s Executor? The Impact of Trump v. Slaughter Ahead of Oral Arguments.” The event featured prominent legal scholars, including Professor J. Joel Alicea, Director of the Center for the Constitution and the Catholic Intellectual Tradition at Catholic Law. The panel previewed the Supreme Court’s upcoming oral arguments in Trump v. Slaughter, a landmark case challenging the legacy of Humphrey’s Executor. This 1935 decision established the framework for “independent” federal agencies by shielding their leaders from at-will removal by the president. For nearly a century, the doctrine has shaped the administrative state, raising critical questions about executive accountability and the balance of power. As the Court prepares to revisit this precedent, the panel explored its historical roots, structural implications, and the potential consequences of overturning or modifying the doctrine.

Moderated by Elizabeth Slattery of the Pacific Legal Foundation, the discussion also featured Professor Stephanie Barclay of Georgetown University and Erin M. Hawley of the Alliance Defending Freedom.