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.