Gorsuch Concurrence in Trump v. Slaughter Signals Broader Reckoning for Delegated Agency Power

Short summary

In Trump v. Slaughter, the Supreme Court overturned Humphrey's Executor and struck down for-cause removal protections for FTC commissioners. Justice Gorsuch's solo concurrence goes further, arguing that independent agencies wield delegated legislative and judicial power that now flows entirely to the president. The concurrence serves as a litigation roadmap, particularly for federally regulated health care entities facing potential synchronized enforcement actions.

• •Court overturned Humphrey's Executor, ending for-cause removal protections for FTC commissioners
• •Gorsuch concurrence argues independent agencies hold delegated legislative and judicial power now answerable to the president
• •Health care entities may face coordinated multi-agency enforcement under a unitary executive framework

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