Overview

• In a brief emergency order, the Court stayed lower-court rulings that reinstated Rebecca Kelly Slaughter, allowing her removal while the case proceeds.
• The justices granted review and directed briefing on whether for-cause protections for FTC commissioners violate the Constitution and whether courts can order reinstatement of removed officers.
• Oral arguments are scheduled for December after the Court agreed to hear the case before the appeals process concludes, concentrating the dispute on the FTC.
• Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson dissented, warning the emergency docket is being used to bypass Humphrey’s Executor and shift power to the presidency.
• The Court declined to accelerate related petitions from the NLRB and MSPB, even as it has previously allowed those removals to take effect, and the administration has separately asked the Court to uphold the removal of Fed Governor Lisa Cook based on alleged misconduct.