September 8, 2025


Humphrey’s Executor Executed: Supreme Court Overrules Precedent in Shadow Docket Decision

In a controversial move that has legal pundits and scholars reeling, Chief Justice John Roberts has utilized the Supreme Court’s shadow docket to effectively dismiss 90 years of judicial precedent. This decision allows President Donald Trump to fire Federal Trade Commission commissioner Rebecca Slaughter, contradicting both FTC authorizing legislation and the seminal case, *Humphrey’s Executor*.

Despite the lower courts’ decisions to block Slaughter’s termination, citing legal protections, the Supreme Court’s reversal was not accompanied by a detailed opinion, sparking outrage and concern over the transparency and motivations behind such significant judicial actions.

Chief Justice Roberts, who in his annual report admonished critics for their failure to understand court opinions, ironically offered no substantial justification in this shadow docket order. The shadow docket, traditionally used for emergency situations, has here been employed under questionable circumstances, bypassing the usual extensive judicial review and raising questions about its growing use as a tool for immediate, unexplained legal changes.

This ruling not only impacts Slaughter but sets a precarious precedent about the power dynamics between the judiciary and the executive. Critics argue that this decision reflects a broader trend in the Supreme Court under Roberts’ leadership, where decisions increasingly skew towards immediate political gains rather than sustained legal principles.

Legal experts are particularly troubled by the lack of written opinion, which they argue undermines the Court’s accountability. Justice Gorsuch's recent comments have further inflamed this debate, suggesting lower courts are bound by the Supreme Court’s decisions, even if those decisions are not fully explained or justified publicly.

This use of the shadow docket has not only legal but also personal repercussions, as noted by multiple judges who reported increased threats to their safety following unexplained orders from the Supreme Court. These developments come at a time when public trust in the judicial system is critically volatile, and actions like these from the highest court in the land do little to assuage fears about the integrity of the U.S. judiciary.

As the legal community and the public grapple with these changes, the Supreme Court appears to be moving towards a more isolated and unaccountable modus operandi, invoking the shadow docket for decisions that could have profound implications on governance and civil liberties. The broader implications of this trend remain to be seen as the nation watches closely how the Supreme Court navigates the choppy waters of judicial accountability and executive power.