Overview
- Oral arguments are set for Monday on whether FTC commissioners’ for‑cause removal protections violate the separation of powers.
- The Court accepted the case on an expedited basis after Chief Justice John Roberts issued an administrative stay and the justices granted certiorari before judgment.
- Justices will decide both the scope of presidential removal authority and whether federal courts may order reinstatement after an allegedly unlawful firing.
- Solicitor General D. John Sauer argues Article II permits at‑will removal and cites Seila Law to challenge Humphrey’s Executor, while Rebecca Kelly Slaughter relies on that 1935 precedent to defend commission independence.
- A ruling could affect agencies from the FTC to the Federal Reserve and election bodies, with related disputes paused or pending, including the Register of Copyrights case and a separate argument on Jan. 21 over Lisa Cook’s removal from the Fed.