The 1935 Humphrey's Executor decision was unanimous (9-0).

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That's correct—9-0. Justice George Sutherland wrote that independent agencies perform "quasi-judicial and quasi-legislative" duties that must be "free from executive control." Even justices hostile to FDR's New Deal agreed presidents can't fire commissioners for political reasons. For 90 years, this unanimous precedent protected agencies from partisan purges. The DC Circuit's 2-1 ruling in Dec. 2025—written by two Trump appointees—chips away at what once had universal judicial support. The Supreme Court will now decide whether to finish the job.

The 1935 Humphrey's Executor decision was unanimous (9-0).

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