Overview
- At issue is President Trump’s March removal of FTC commissioner Rebecca Kelly Slaughter without cause, a move that directly tests the 1935 Humphrey’s Executor precedent.
- Solicitor General D. John Sauer urged the court to overturn Humphrey’s Executor, warning that tenure-protected commissions form a “headless fourth branch.”
- Lower courts ordered Slaughter reinstated, but the Supreme Court allowed Trump’s ouster to remain in effect during the appeal over dissents from the three liberal justices.
- The justices also examined whether courts may order reinstatement of unlawfully removed officials, with prior opinions suggesting back pay may be the only remedy.
- A related case over Trump’s attempt to remove Federal Reserve Governor Lisa Cook is set for argument in January, and a decision in Slaughter is expected by June.