Humphrey's Executor may get overturned

[Don Alaska]

Trump has been sued (again) over a firing of a bureaucrat. This case has already worked through the court system and has arrived at the Supreme Court. Humphrey's Executor was a case in 1935 when FDR tried to fire a member of the Federal Trade Commission and the Supreme Court at that time found that he couldn't do that. That decision has set up the Bureaucratic State consisting of bureaucrats who can make any regulations they want and are accountable to nobody. Elections come and go but the permanent bureaucrats stay in place. SCOTUS has agreed to hear this case and there are hints they may overturn the 1935 decision as being made in error just as cases such as the Dred Scott Decision was overturned as having been made in error. Trump already has the power to RIF Federal employees under a government shutdown, but if this is overturned, Trump and any subsequent President would regain the power held by them until 1935 to fire Executive Branch employees almost at will. Likely this would only affect non-appointed directors of agencies and not the regular employees, but it would make Presidential elections much more significant since the direction of the government could be changed.

We'll see how this goes, but the shutdown has already affected the IRS, as several thousand workers there have been RIF'd and next to go may be the EPA and the Education Department since they contain very few "essential " employees. HHS, Justice, and the War Department contain the majority of mandated essential employees, so they will be the last effected. The FAA seems to be the department that even Schumer is worried about.