An ‘Originalist’ Court Overturns an Originalist Decision
Yesterday, Chief Justice John Roberts delivered what conservative originalists have long been rooting for: overturning Humphrey’s Executor v. United States. That 90-year-old decision, which the Roberts Court has gradually been chipping away at, held that Congress could create independent commissions—such as the Federal Trade Commission—whose members are appointed by the president but protected from no-cause presidential removal. According to Roberts’s opinion in Trump v.