Chief Justice Roberts on Humphrey's Executor in 2009 and 2026
2026-07-11

The following remarks made at oral argument in Free Enterprise Fund v. Public Accounting Oversight Board seemed timely given the nature of Chief Justice Roberts' majority opinion in Trump v. Slaughter:

Solicitor General Elena Kagan: I understand the temptation to say something like, well, we don't really much like Humphrey's Executor, but we are stuck with it, but not an inch further.

Chief Justice Roberts: I didn't say anything bad about Humphrey's Executor.

[Laughter.]

Justice Scalia: I did, I did. We did overrule it, by the way, in Morrison, didn't we?

Chief Justice Roberts has now said something bad of Humphrey's Executor: "If anything is left of Humphrey's Executor, we overrule it."