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Trump v. Slaughter

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Supreme Court of the United States
Trump v. Slaughter
Docket number: 25-332
Term: 2025
Court: United States Supreme Court
Important dates
Argument: December 8, 2025
Court membership
Chief Justice John RobertsClarence ThomasSamuel AlitoSonia SotomayorElena KaganNeil GorsuchBrett KavanaughAmy Coney BarrettKetanji Brown Jackson

Trump v. Slaughter is a case scheduled for argument before the Supreme Court of the United States on December 8, 2025, during the court's October 2025-2026 term.

HIGHLIGHTS
  • The questions presented: "(1) Whether the statutory removal protections for members of the Federal Trade Commission violate the separation of powers and, if so, whether Humphrey's Executor v. United States, 295 U. S. 602 (1935), should be overruled.

    (2) Whether a federal court may prevent a person’s removal from public office, either through relief at equity or at law."[1]

  • The outcome: The appeal is pending adjudication before the U.S. Supreme Court.

  • The case came on a writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. To review the lower court's opinion, click here.

    Why it matters: The case asks whether Congress may restrict the President’s ability to remove Federal Trade Commission commissioners—a question the Supreme Court last addressed in Humphrey's Executor v. United States (1935). In Humphrey's Executor, the Court held that the Federal Trade Commission Act’s requirement of cause for removal was constitutional and that the President could not dismiss an FTC commissioner solely for policy disagreements. Trump v. Slaughter raises the same statutory protection and tests whether those limits on presidential removal still govern the modern FTC.

    The Court’s resolution will determine how the long-standing removal standard applies today and clarify the scope of presidential authority over an independent federal agency whose members serve fixed terms and are protected by statute. The case therefore has significant implications for the structure and operation of the FTC and for how separation-of-powers principles apply to agencies with similar removal protections.

    Background

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    Judicial deference
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    Case summary

    The following are the parties to this case:[2]

    • Petitioner: Donald Trump, President of the United States, et al.
    • Respondent: Rebecca Kelly Slaughter, et al.
      • Legal counsel: Amitabh Agarwal, Protect Democracy Project

    The following summary of the case was published by Oyez, a free law project from Cornell’s Legal Information Institute, Justia, and the Chicago-Kent College of Law:[3]

    Rebecca Kelly Slaughter was serving as a Commissioner on the Federal Trade Commission (FTC), an agency led by five commissioners appointed by the President and confirmed by the Senate to seven-year terms. The Federal Trade Commission Act limits the President’s ability to remove an FTC Commissioner to “inefficiency, neglect of duty, or malfeasance in office.” President Donald J. Trump fired Commissioner Slaughter, explaining her continued service was “inconsistent with [the] Administration’s priorities,” which did not meet the statutory standard of “cause.” Slaughter sued President Trump and the three remaining FTC Commissioners, arguing her removal was unlawful because the President failed to offer a statutory cause.

    The district court ruled in favor of Commissioner Slaughter, declaring her removal unlawful, ordering her reinstatement, and issuing a permanent injunction against the remaining Commissioners and their subordinates, barring them from interfering with her duties. The government appealed the decision and requested a stay of the district court's order pending the appeal. The U.S. Court of Appeals for the D.C. Circuit denied the government’s motion for a stay pending appeal and dissolved an administrative stay that had been previously entered. The Supreme Court granted the stay on September 22, 2025, and also granted certiorari.[4]

    Timeline

    The following timeline details key events in this case:

    Questions presented

    The petitioner presented the following questions to the court:[1]

    Questions presented:
    (1) Whether the statutory removal protections for members of the Federal Trade Commission violate the separation of powers and, if so, whether Humphrey's Executor v. United States, 295 U. S. 602 (1935), should be overruled.

    (2) Whether a federal court may prevent a person’s removal from public office, either through relief at equity or at law.[4]

    Oral argument

    Audio

    Audio of the case will be posted here when it is made available.

    Transcript

    A transcript of the case will be posted here when it is made available.

    Outcome

    The case is pending adjudication before the U.S. Supreme Court.

    October term 2025-2026

    See also: Supreme Court cases, October term 2025-2026

    The Supreme Court began hearing cases for the term on October 6, 2025. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions by mid-June.[5]


    See also

    External links

    Footnotes