Necessary & Proper Episode 94: The End of Humphrey’s Executor?
Does the President control independent agencies? This panel will examine the Trump administration’s efforts to reassert presidential control over independent federal agencies, considering the constitutional, legal, and practical implications of such actions. Central to the discussion will be Humphrey’s Executor v. United States, which upheld the independence of certain regulatory bodies by limiting the President’s removal power, and the perspectives raised by legal cases such as Hampton Dellinger’s, which questioned the administration’s authority over the removal of agency officials. Proponents argue that increased presidential oversight enhances accountability, ensuring agencies align with elected leadership’s policies, while critics warn that such changes could erode agency independence and introduce political influence into regulatory decisions. The discussion will consider whether these changes promote efficient governance or threaten the integrity of federal oversight.
Featuring:
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Professor, University of Minnesota Law School
Ilan Wurman is the Julius E. Davis Professor of Law at the University of Minnesota, where he teaches administrative law and constitutional law. He previously taught at Arizona State University. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, the Notre Dame Law Review, and the Texas Law Review among other journals.
Professor Wurman is the author of a casebook, Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 2d ed. 2024). He is also the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). His next book, The Constitution of 1789: A New Introduction, is also forthcoming with Cambridge University Press.
Professor Wurman practices law with the firm Tully Bailey. He has litigated a variety of administrative law and constitutional law cases, including cases involving COVID-19 restrictions, transmission lines, and Appointments Clause challenges. He also devised winning public nuisance theories to force city governments to address the increasingly challenging public camping crises throughout the country.
Associate Dean for Academic Affairs, The George Washington University Law School
Aram A. Gavoor is the Associate Dean for Academic Affairs and an internationally recognized scholar in American administrative law, national security, and federal courts. His co-authored work was cited by the U.S. Supreme Court in Department of Commerce v. New York (2019). His scholarship has earned placement in the Florida Law Review, Indiana Law Journal, Ohio State Law Journal, and other law journals. He has briefed and argued over a dozen high-profile public law cases before a majority of the U.S. Courts of Appeals and numerous cases before almost a third of the 94 U.S. District Courts. Associate Dean Gavoor frequently shares his national security, artificial intelligence policy, and federal courts expertise with international news media, including CNN, BBC World News, Wall Street Journal, NBC News, and ABC (Australia) World News. In 2021, the National Law Journal named Associate Dean Gavoor a Rising Star (top 40 under 40) honoree.
Earlier in his career, Associate Dean Gavoor served as Senior Counsel for National Security in the Civil Division of the U.S. Department of Justice, as third-in-rank Counselor to the Administrator of the Office of Information and Regulatory Affairs in the White House Office of Management and Budget, and in private practice. He received the Attorney General's Award for Distinguished Service in 2019, the Civil Division Special Commendation Award in 2020, 2019, and 2018, and a Commendation from the Human Rights and Special Prosecutions Section of the Criminal Division in 2018.
Associate Dean Gavoor previously served on the law school’s part-time faculty from 2008-2017 before accepting a term-limited position as Visiting Associate Professor from 2017-2019. He received GW Law’s Distinguished Adjunct Faculty Teaching Award from the 2020 and 2017 graduating classes. He currently teaches Constitutional Law II, Administrative Law, National Security Law, and Federal Courts.