Overview

• An unsigned order stayed lower-court rulings that had reinstated Rebecca Kelly Slaughter, allowing President Trump’s March removal to stand during the appeal.
• The court directed briefing on whether FTC removal protections violate separation of powers and whether federal courts can order reinstatement or otherwise block a removal.
• Oral arguments are scheduled for the December sitting, with a ruling expected after briefing on both the constitutional question and the scope of judicial remedies.
• Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson dissented from allowing the removal now, saying Humphrey’s Executor remains controlling until the court says otherwise.
• The court declined to take related NLRB and MSPB cases even as it previously allowed those removals to proceed, concentrating the broader fight over independent-agency tenure at the FTC.