Congressional Digest

Supreme Court Debates September 2026 No. 6 Vol. 29
American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), Amicus Curiae

Presidential Firing Power

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American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), Amicus Curiae

The AFL-CIO is a federation of 64 U.S. and international labor unions representing more than 15 million workers. The following is excerpted from the Amicus Curiae Brief for Respondents as submitted to the U.S. Supreme Court on Nov. 13, 2025. Regardless of how this court might have resolved Humphrey’s Executor v. United States (1935), in the first instance, it should adhere to that precedent now as a matter of stare decisis [determining litigation according to precedent]. Congress, employers, employees and unions have all relied on Humphrey’s Executor. When this court handed down Humphrey’s Executor in May 1935, the House and…

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