Trump continues to dismantle the New Deal and he’s not even president

All of which explains why Judge Laurie Michelson, a federal judge in Michigan, earlier this month denied a request for a preliminary injunction against the NLRB, based on grounds similar to those in those other cases, without even mentioning Jarkesy. Instead, she cited a 1935 Supreme Court decision, Humphrey’s Executor v. United States, who prevented President Franklin Roosevelt from removing William Humphrey, appointed by his Republican predecessor, Herbert Hoover, from the Federal Trade Commission. Four months after FDR fired Humphrey, The fallen commissioner was kind enough to suffer a stroke and die. But before leaving this vale of tears, Humphrey filed a lawsuit to get his job back. His heirs sued and recovered his unpaid salary.

The anti-regulatory right would have you believe that administrative law judges are a new regulatory apparatus, but the NLRB already had them. since the 1930swhile they were called “trial examiners”. They have enjoyed civil service protection since 1940. Only the term “administrative judges” is (relatively) new; according to Andrew Strom, SEIU associate general counsel, goes back to the 1970s.

I would happily revert to calling administrative judges “trial examiners” if I thought that would appease the reactionary warriors against the administrative state (who themselves have existed since the late 1940s (but they have never been taken seriously until now). But of course, this crowd will not rest until there are no more regulatory agencies. Donald Trump supports them, and even if he loses in November, so will his Supreme Court majority. This can only begin to change if Kamala Harris is elected president. If you want American businesses to flourish without oversight, all in the name of “populism,” then Trump is your man. Otherwise, vote Democrat.