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Supreme Court Fast-Tracks FTC Firing Case, Lets Trump’s Removal Stand for Now

The justices will weigh whether to scrap the 1935 Humphrey’s Executor precedent that shields independent‑agency members from at‑will removal.

Overview

  • In a 6–3 split, the Court stayed lower-court orders that had reinstated FTC Commissioner Rebecca Slaughter, with Justices Kagan, Sotomayor, and Jackson dissenting.
  • Oral arguments are scheduled for December on an expedited timeline, with a decision expected by next summer.
  • The Court directed briefing on whether statutory for‑cause protections for FTC commissioners violate separation of powers and whether courts may block removals or order reinstatement.
  • The grant focuses the dispute on the FTC case and the Court declined to take related NLRB and MSPB cases for full review, leaving those to proceed in lower courts.
  • Monday’s order follows earlier emergency rulings allowing other Trump removals at independent agencies to take effect, signaling potential broad consequences for agency independence and presidential control.