Overview

• Chief Justice John Roberts issued an administrative stay that lets President Trump keep Rebecca Kelly Slaughter out of her FTC seat while the Supreme Court reviews the administration’s emergency request.
• A federal judge in July and a divided D.C. Circuit panel on Sept. 2 concluded her removal was unlawful under the FTC Act’s for-cause protection and in light of the 1935 Humphrey’s Executor precedent.
• Roberts, who handles emergency matters from Washington, ordered Slaughter’s response by Sept. 15 at 4 p.m. ET, with additional briefing to determine next steps.
• Solicitor General D. John Sauer argues the modern FTC wields substantial executive power and that limits on presidential removal of commissioners are unconstitutional.
• The Court has recently allowed Trump to remove members of the NLRB, MSPB and CPSC during ongoing litigation, highlighting potential implications for multi-member independent agencies.