Seek overruling of Humphrey’s Executor; reverse DOJ positions compelling speech
Mandate urges DOJ to take the formal position that Humphrey’s Executor violates separation of powers and to zealously defend First Amendment against compelled-speech regimes like those argued in 303 Creative.
Mandate
Mandate Ch. 17 (Justice) — Affirming Separation of Powers / Zealously Guarding Constitutional Protections: formally take position that Humphrey’s Executor violates separation of powers; ensure DOJ rejects invitations to limit First Amendment based on political ideology of speech (citing 303 Creative arguments).
Undo plan
1) Defend independent agency structures Congress created unless/until Court revises Humphrey’s Executor.
2) Enforce public-accommodations laws consistent with Court precedent without abandoning LGBTQ civil rights.
3) Issue litigation guidelines separating genuine compelled creative speech from commercial nondiscrimination.
4) Brief Congress on implications before systemic attacks on independent agencies.
5) Verify: SG brief positions; agency removal-protection litigation outcomes.