Reposted by @joedirtinthehole.bsky.social
Jack Smith: "History teaches that the rule of law is rarely destroyed all at once. It's often weakened by attacks on the institutions and the public servants sworn to uphold it. Since January 2025, we have witnessed precisely such an effort."
![At this point, all that is left of Humphrey’s is its observation that an agency that “exercises no part of the executive
power” need not fall within the rule of Presidential removal.
295 U. S., at 628; see Mistretta v. United States, 488 U. S.
361, 423–425, and n. 3 (1989) (Scalia, J., dissenting) (explaining that Humphrey’s stands only for the proposition
that there would be “no strict constitutional impediment to
a ‘branchless’ agency” that exercises “no governmental
power”). If Congress wishes to establish independent agencies to assist it with its functions, it may do so. Cf. Buckley,
424 U. S., at 137–138. But it may not foist those agencies
upon the President, and thus deprive him of “the executive
power vested [in him] by the Constitution”—something
Humphrey’s itself never purported to permit. Humphrey’s
Executor, 295 U. S., at 628.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:qcdkgsv4ancml4yt5bde7fwi/bafkreicqaz2c7x2b3n7yk6ftlru4w7n2tssokw52spa5fpb5msdcfqg5zy)
