Ryan Funk and Alexander Preller Discuss Potential Overturning of Humphrey’s Executor With Indiana Lawyer

Labor and employment partner Ryan Funk and associate Alexander Preller spoke to the Indiana Lawyer about the potential ramifications if the United States Supreme Court overturn’s Humphrey’s Executor v. United States. 

The article noted that the Supreme Court will hear a challenge to Humphrey’s Executor in December, bringing new scrutiny to the president’s power to fire executive branch officials. Funk and Preller added that much of the debate surrounding the case centers on whether an agency is acting in an executive capacity under the president’s authority, such as the National Labor Relations Board (NLRB), or as a legislative/judicial independent panel of experts. 

“[The NLRB] does feel to me like an agency that enforces the law, which is traditionally an executive function,” Funk said.