Trump v. Slaughter
Emergency application for stay is granted on Sept. 22, 2025. Justice Kagan wrote a dissenting opinion, joined by Justices Sotomayor and Jackson.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 25a264 | D.C. Cir. | Not Argued | Sep 22, 2025 | N/A | N/A | OT 2025 |
Issue: Whether the Supreme Court should stay a ruling by a federal appeals court that requires the Trump administration to reinstate a commissioner on the Federal Trade Commission whom President Donald Trump fired this spring.
Judgment: Emergency application for stay granted on September 22, 2025. Justice Kagan wrote a dissenting opinion, joined by Justices Sotomayor and Jackson.
SCOTUSblog Coverage
- Supreme Court declines to take action on Trump’s request to fire Fed governor for now (Amy Howe, October 1, 2025)
- Supreme Court allows Trump to fire FTC commissioner (Amy Howe, September 22, 2025)
- Attorneys for FTC commissioner urge Supreme Court to prevent Trump’s firing of her (Amy Howe, September 15, 2025)
- What currently remains on the emergency docket (Kelsey Dallas, September 12, 2025)
- Supreme Court permits Trump’s firing of FTC commissioner to remain in place (Amy Howe, September 8, 2025)
- Trump administration asks justices to block reinstatement of FTC commissioner (Amy Howe and Kelsey Dallas, September 4, 2025)
| Date | Proceedings and Orders |
|---|---|
| 09/04/2025 | Application (25A264) for a stay, submitted to The Chief Justice. |
| 09/05/2025 | Response to request for administrative stay from respondents Rebecca Kelly Slaughter, et al. filed. |
| 09/08/2025 | 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). |
| 09/10/2025 | Brief amici curiae of Florida, et al. filed. |
| 09/11/2025 | Brief amicus curiae of Christian Employers Alliance filed. |
| 09/15/2025 | Response to application from respondent Rebecca Kelly Slaughter, et al. filed. |
| 09/15/2025 | Brief amicus curiae of TechFreedom filed. |
| 09/15/2025 | Brief amici curiae of America's Future, et al. filed. |
| 09/15/2025 | Letter from counsel for petitioner Gwynne A. Wilcox in case No. 25-319 filed. |
| 09/15/2025 | Letter of Cathy Harris submitted. |
| 09/16/2025 | Reply of applicant Donald J. Trump, et al. filed. |
| 09/22/2025 | Application (25A264) referred to the Court. |
| 09/22/2025 | 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 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. 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) |