October Term 2025
No. 25-332

Trump v. Slaughter

Petitioner Donald J. Trump, President of the United States, et al. · Respondent Rebecca Kelly Slaughter, et al.

From
United States Court of Appeals for the District of Columbia Circuit
How it got here
writ of <i>certiorari</i>

Do the statutory removal protections for members of the Federal Trade Commission violate the separation of powers?

Question before the Court

What happened

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.

Pending
with the majority concurring in dissent recused filed an opinion

The holding

Argued by

For the petitioner
  • D. John Sauer for the Petitioners
For the respondent
  • Amit Agarwal for the Respondents

Case path

  1. Sep 22, 2025 granted
  2. Dec 8, 2025 argued