Reiter Analyzes Supreme Court's Impact on Independent Agencies in Yale Journal on Regulation and Cardozo Law Review

02.16.2026

Stinson LLP Senior Counsel Harvey Reiter has published two in-depth analyses on the evolving role of independent federal agencies in the wake of recent Supreme Court action. His commentary appears in both the Yale Journal on Regulation and the Cardozo Law Review.

Reiter's article in the Yale Journal on Regulation focuses on the potential weakening of agency independence if the Supreme Court overturns its 1935 Humphrey's Executor precedent. He notes that if the statutory protections limiting presidential removal of agency members found in statutes creating independent agencies such as the Securities and Exchange Commission, Federal Trade Commission, National Labor Relations Board, and Equal Employment Opportunity Commission are found unconstitutional, there will be impacts beyond the loss of job security for those members.

Drawing on recent Supreme Court stays and lower court litigation, Reiter explores those broader implications: the loss of bipartisan structures, the risk of agencies operating without a quorum, and potential delays in enforcing regulations or adjudicating disputes. He highlights cases such as the Fifth Circuit's Space Exploration Corp. v. NLRB, which signals how companies may now challenge an independent agency's authority very ability to operate, illustrating the real-world consequences of diminished independence.

Reiter's article in the Cardozo Law Review emphasizes the uncertainty created by the Supreme Court's "shadow docket," where emergency stays and rulings are issued with minimal explanation. Citing federal judges and legal scholars, he notes that the Court's opaque application of emergency relief has left agencies, lower courts and the public navigating unclear rules, raising concerns about confidence in both judicial and administrative processes.

Reiter's analysis provides timely insight for legal practitioners, policymakers and stakeholders in regulated industries, clarifying both the constitutional questions and practical ramifications posed by recent executive and judicial actions.

Read more in the Yale Journal on Regulation and the Cardozo Law Review.