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Roberts Grants Temporary Stay, Allowing Trump to Remove FTC Commissioner

The administrative stay preserves Rebecca Slaughter’s ouster pending the court’s review of a challenge to statutory limits on removing independent‑agency officials.

Overview

  • Chief Justice John Roberts issued an administrative stay on Sept. 8 that blocks lower-court orders reinstating Rebecca Slaughter and keeps her out of her FTC seat for now.
  • The stay pauses a July 17 district-court ruling and a Sept. 2 D.C. Circuit decision that found the FTC Act’s for‑cause protections controlled and ordered her return.
  • Roberts directed Slaughter to file her opposition to the government’s application by Sept. 15 at 4 p.m. Eastern Time.
  • The Justice Department argues the FTC’s removal protections are unconstitutional and asks the justices to reconsider the 1935 Humphrey’s Executor precedent.
  • The order fits a recent pattern of temporary stays in cases involving the NLRB, MSPB and CPSC, and Slaughter’s ouster leaves the five‑member FTC with a Republican majority under the statute’s party‑balance cap.