No. 25A264
Donald J. Trump, President of the United States, et al. v. Rebecca Kelly Slaughter, et al.
Amici (4)
Experienced Counsel
Tags: administrative-agency article-ii executive-power federal-trade-commission presidential-removal separation-of-powers
Key Terms:
SocialSecurity Privacy
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 Olson — William J. Olson, P.C., Amicus
William Jeffrey Olson — William J. Olson, P.C., Amicus
Christian Employers Alliance
Erin Morrow Hawley — Alliance Defending Freedom, Amicus
Erin Morrow Hawley — Alliance Defending Freedom, Amicus
Donald J. Trump, et al.
D. John Sauer — Solicitor General, Petitioner
D. John Sauer — Solicitor General, Petitioner
Rebecca Kelly Slaughter, et al.
Amitabh Agarwal — Beau Tremitiere Protect Democracy Project, Respondent
Amitabh Agarwal — Beau Tremitiere Protect Democracy Project, Respondent
Aaron Hayes Crowell — Clarick Gueron Reisbaum LLP, Respondent
Aaron Hayes Crowell — Clarick Gueron Reisbaum LLP, Respondent
Gregory A. Clarick — Clarick Gueron Reisbaum LLP, Respondent
Gregory A. Clarick — Clarick Gueron Reisbaum LLP, Respondent
State of Florida, 22 other States and the Arizona Legislature