President Donald Trump’s removal this week of a Democratic National Labor Relations Board member could tee up a dispute over the breadth of a 90-year-old Supreme Court precedent that restricts the president’s power to remove appointees to independent multimember agencies.
“I actually think this is a great vehicle for reconsideration of Humphrey’s Executor,” said Crowell & Moring partner Daniel Wolff, referring to the 1935 high court decision that said the president cannot remove without cause members of agencies such as the Federal Trade Commission, the agency at the center of that long ago case.