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Supreme Court Lets Trump’s FTC Firing Stand, Sets December Test of Humphrey’s Executor

The justices will weigh whether for-cause protections for independent commissioners violate separation of powers.

Overview

  • By a 6–3 vote, the Court granted an emergency stay that keeps Rebecca Kelly Slaughter off the FTC pending review, with Justices Kagan, Sotomayor and Jackson dissenting.
  • The Court agreed to hear Trump v. Slaughter in December and directed briefing on whether the FTC’s removal limits are unconstitutional and whether Humphrey’s Executor should be overruled.
  • The justices also asked the parties to address whether federal courts may prevent a president from removing an officer or order reinstatement.
  • Lower courts in Washington, D.C., had ruled Slaughter’s firing unlawful and ordered her reinstated under the FTC Act’s for-cause standard.
  • Former commissioner Alvaro Bedoya resigned and exited the suit, as the Court issued similar interim stays this year in disputes involving the NLRB, MSPB and CPSC.