No. 25A264

Donald J. Trump, President of the United States, et al. v. Rebecca Kelly Slaughter, et al.

Lower Court: District of Columbia
Docketed: 2025-09-04
Status: Presumed Complete
Type: A
Amici (4) Experienced Counsel
Tags: administrative-agency article-ii executive-power federal-trade-commission presidential-removal separation-of-powers
Key Terms:
SocialSecurity Privacy
Latest Conference: N/A
Question Presented (AI Summary)

Whether the President possesses the constitutional authority to remove a Federal Trade Commission commissioner at will without cause, notwithstanding statutory restrictions on removal

Question Presented (OCR Extract)

No question identified. :

Docket Entries

2025-09-22
Application (25A264) for stay presented to The Chief Justice and by him referred to the Court is granted. The July 17, 2025 order of the United States District Court for the District of Columbia, No. 25–cv–909, ECF Doc. 52, is stayed. The application is also treated as a petition for a writ of certiorari before judgment, and the petition is granted (case No. 25-332). The parties are directed to brief and argue the following questions: (1) Whether the statutory removal protections for members of the Federal Trade Commission violate the separation of powers and, if so, whether <i>Humphrey’s Executor</i> v. <i>United States</i>, 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. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in the December 2025 argument session. The stay shall terminate upon the sending down of the judgment of this Court. Justice Kagan, joined by Justice Sotomayor, and Justice Jackson, dissents. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a264_o759.pdf'>Opinion</a>)
2025-09-22
Application (25A264) for stay presented to The Chief Justice and by him referred to the Court is granted. The July 17, 2025 order of the United States District Court for the District of Columbia, No. 25–cv–909, ECF Doc. 52, is stayed. The application is also treated as a petition for a writ of certiorari before judgment, and the petition is granted (case No. 25-332). The parties are directed to brief and argue the following questions: (1) Whether the statutory removal protections for members of the Federal Trade Commission violate the separation of powers and, if so, whether <i>Humphrey’s Executor</i> v. <i>United States</i>, 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. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in the December 2025 argument session. The stay shall terminate upon the sending down of the judgment of this Court. Justice Kagan, joined by Justice Sotomayor, and Justice Jackson, dissents. (Detached Opinion)
2025-09-22
Application (25A264) referred to the Court.
2025-09-16
Reply of Donald J. Trump, et al. in support of application submitted.
2025-09-16
Reply of applicant Donald J. Trump, et al. filed.
2025-09-15
Letter of Cathy Harris filed.
2025-09-15
Letter from counsel for petitioner Gwynne A. Wilcox in case No. 25-319 filed.
2025-09-15
Response to application from respondent Rebecca Kelly Slaughter, et al. filed.
2025-09-15
Amicus brief of TechFreedom submitted.
2025-09-15
Amicus brief of America's Future, Gun Owners of America, Inc., Gun Owners Foundation, Gun Owners of California, Citizens United, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund submitted.
2025-09-15
Letter of Cathy Harris submitted.
2025-09-15
Letter of Gwynne A. Wilcox submitted.
2025-09-15
Letter from counsel for Gwynne A. Wilcox filed.
2025-09-15
Brief amicus curiae of TechFreedom filed.
2025-09-15
Brief amici curiae of America's Future, et al. filed.
2025-09-11
Brief amicus curiae of Christian Employers Alliance filed.
2025-09-11
Amicus brief of Christian Employers Alliance submitted.
2025-09-10
Brief amici curiae of Florida, et al. filed.
2025-09-10
Amicus brief of State of Florida, 22 other States and the Arizona Legislature submitted.
2025-09-08
Order entered by The Chief Justice: Upon consideration of the application of counsel for the applicants, it is ordered that the July 17, 2025 order of the United States District Court for the District of Columbia, case No. 1:25-cv-909, is hereby stayed pending further order of The Chief Justice or of the Court. It is further ordered that a response to the application be filed on or before Monday, September 15th, 2025, by 4 p.m. (EDT).
2025-09-05
Response to request for administrative stay from respondents Rebecca Kelly Slaughter, et al. filed.
2025-09-04
Application (25A264) for a stay, submitted to The Chief Justice.

Attorneys

America's Future, Gun Owners of America, Inc., Gun Owners Foundation, Gun Owners of California, Citizens United, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund
William Jeffrey OlsonWilliam J. Olson, P.C., Amicus
William Jeffrey OlsonWilliam J. Olson, P.C., Amicus
Cathy Harris
Neal Kumar KatyalMilbank LLP, Amicus
Neal Kumar KatyalMilbank LLP, Amicus
Christian Employers Alliance
Erin Morrow HawleyAlliance Defending Freedom, Amicus
Erin Morrow HawleyAlliance Defending Freedom, Amicus
Natalie Deyo ThompsonAlliance Defending Freedom, Amicus
Natalie Deyo ThompsonAlliance Defending Freedom, Amicus
Donald J. Trump, et al.
D. John SauerSolicitor General, Petitioner
D. John SauerSolicitor General, Petitioner
Gwynne A. Wilcox
Deepak GuptaGupta Wessler LLP, Amicus
Deepak GuptaGupta Wessler LLP, Amicus
Rebecca Kelly Slaughter, et al.
Amitabh AgarwalBeau Tremitiere Protect Democracy Project, Respondent
Amitabh AgarwalBeau Tremitiere Protect Democracy Project, Respondent
Aaron Hayes CrowellClarick Gueron Reisbaum LLP, Respondent
Aaron Hayes CrowellClarick Gueron Reisbaum LLP, Respondent
Gregory A. ClarickClarick Gueron Reisbaum LLP, Respondent
Gregory A. ClarickClarick Gueron Reisbaum LLP, Respondent
State of Florida, 22 other States and the Arizona Legislature
Jeffrey Paul DeSousaFlorida Office of the Attorney General, Amicus
Jeffrey Paul DeSousaFlorida Office of the Attorney General, Amicus
TechFreedom
Corbin Knight BartholdTechFreedom, Amicus
Corbin Knight BartholdTechFreedom, Amicus