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Supreme Court Lets Trump Remove FTC Commissioner, Sets December Review of Agency-Removal Limits

The fast‑tracked case could upend a 1935 precedent that insulated multi‑member agencies from at‑will removals.

Overview

  • An unsigned order stayed lower‑court rulings that had reinstated Rebecca Kelly Slaughter, allowing her removal to proceed pending the Supreme Court’s decision.
  • The justices asked for briefing on whether to overrule Humphrey’s Executor and on whether federal courts may order reinstatement or otherwise prevent removals.
  • Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson dissented, criticizing the use of the emergency docket and warning it hands presidents control over independent boards.
  • The Court declined to take up parallel cases involving the NLRB and MSPB for full review now, though earlier emergency orders had permitted those removals to take effect.
  • Oral arguments are scheduled for December, with the Justice Department urging the Court to deem for‑cause protections unconstitutional and to limit courts’ power to reinstate ousted officials.