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Trump v. Slaughter (Independent Agencies)

Docket No.25-332
Op. BelowD.D.C.
ArgumentDec 8, 2025

Issue

(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 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.

Proceedings & orders timeline

Sep 4, 2025
Application (25A264) for a stay, submitted to The Chief Justice.
Sep 5, 2025
Response to request for administrative stay from respondents Rebecca Kelly Slaughter, et al. filed.
Sep 8, 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).
Sep 10, 2025
Brief amici curiae of Florida, et al. filed.
Sep 11, 2025
Brief amicus curiae of Christian Employers Alliance filed.
Sep 15, 2025
Response to application from respondent Rebecca Kelly Slaughter, et al. filed.
Sep 15, 2025
Brief amicus curiae of TechFreedom filed.
Sep 15, 2025
Brief amici curiae of America's Future, et al. filed.
Sep 15, 2025
Letter from counsel for petitioner Gwynne A. Wilcox in case No. 25-319 filed.
Sep 15, 2025
Letter of Cathy Harris filed.
Sep 16, 2025
Reply of applicant Donald J. Trump, et al. filed.
Sep 22, 2025
Application (25A264) referred to the Court.
Sep 22, 2025
Petition for writ of certiorari before judgment GRANTED. (Detached Opinion)
Sep 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)
Sep 29, 2025
The joint appendix and petitioners' brief on the merits are to be filed on or before Friday, October 10, 2025. Respondents' brief on the merits is to be filed on or before Friday, November 7, 2025. The reply brief is to be filed on or before Monday, November 24, 2025.
Oct 10, 2025
Brief of petitioners Donald J. Trump, et al. filed.
Oct 10, 2025
Joint appendix filed.
Oct 14, 2025
Brief amicus curiae of Washington Legal Foundation filed.
Oct 16, 2025
Brief amicus curiae of Professor Ilan Wurman filed.
Oct 16, 2025
Brief amicus curiae of Americans for Prosperity Foundation filed.
Oct 17, 2025
SET FOR ARGUMENT on Monday, December 8, 2025.
Oct 17, 2025
Brief amicus curiae of Pacific Legal Foundation filed.
Oct 17, 2025
Brief amicus curiae of Christian Employers Alliance filed.
Oct 17, 2025
Brief amicus curiae of Professor Michael T. Morley in support of neither party filed.
Oct 17, 2025
Brief amici curiae of Ariana Cortes, et al. filed.
Oct 17, 2025
Brief amicus curiae of Landmark Legal Foundation filed.
Oct 17, 2025
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Oct 17, 2025
Brief amicus curiae of Claremont Institute Center for Constitutional Jurisprudence filed.
Oct 17, 2025
Brief amicus curiae of New Civil Liberties Alliance filed.
Oct 17, 2025
Brief amici curiae of The Honorable Edwin Meese III, et al. filed.
Oct 17, 2025
Brief amicus curiae of Maud Maron in support of neither party filed.
Oct 17, 2025
Brief amicus curiae of American Center for Law and Justice filed.
Oct 17, 2025
Brief amicus curiae of Cato Institute filed.
Oct 17, 2025
Brief amici curiae of America's Future, et al. filed.
Oct 17, 2025
Brief amicus curiae of Cathy Harris in support of neither party filed.
Oct 17, 2025
Brief amicus curiae of America First Legal Foundation filed. (Distributed)
Oct 17, 2025
Brief amicus curiae of U.S. Senator Eric Schmitt Chairman of the Senate Judiciary Subcommittee on the Constitution filed. (Distributed)
Oct 17, 2025
Amicus brief of J. Christian Adams not accepted for filing. (November 20, 2025)
Oct 22, 2025
Record requested from the United States Court of Appeals for the District of Columbia Circuit.
Oct 22, 2025
CIRCULATED
Oct 24, 2025
Record received from the United States Court of Appeals for the District of Columbia Circuit. The record is electronic and is available on PACER.
Oct 30, 2025
Record received from the United States District Court for the District of Columbia. The record is electronic and is available on PACER.
Nov 7, 2025
Brief of respondent Rebecca Kelly Slaughter filed. (Distributed)
Nov 12, 2025
Brief amici curiae of Administrative and Constitutional Law Professors filed. (Distributed)
Nov 12, 2025
Brief amici curiae of Professor Victoria Nourse, et al. filed. (Distributed)
Nov 13, 2025
Amicus brief of 40 National, State, and Local Consumer, Privacy and Open Markets Groups not accepted for filing. (To be corrected - November 14, 2025)
Nov 13, 2025
Brief amici curiae of 40 National, State, and Local Consumer, Privacy and Open Markets Groups filed. (Corrected) (Distributed)
Nov 13, 2025
Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
Nov 13, 2025
Brief amici curiae of Former Members of Multimember Boards and Commissions filed. (Distributed)
Nov 13, 2025
Brief amici curiae of Bipartisan Former Commissioners of the Federal Energy Regulatory Commission filed. (Distributed)
Nov 14, 2025
Brief amici curiae of Todd Harper, et al. filed. (Distributed)
Nov 14, 2025
Brief amici curiae of Bipartisan Former Chairs of the Federal Trade Commission filed. (Distributed)
Nov 14, 2025
Brief amici curiae of Professors of Administrative Law, et al. filed. (Distributed)
Nov 14, 2025
Brief amicus curiae of Open Markets Institute filed. (Distributed)
Nov 14, 2025
Brief amicus curiae of Professor Jane Manners filed. (Distributed)
Nov 14, 2025
Brief amicus curiae of Public Citizen filed.
Nov 14, 2025
Brief amici curiae of Professor Andrea Scoseria Katz, et al. filed. (Distributed)
Nov 14, 2025
Brief amicus curiae of Professor Jed Handelsman Shugerman filed. (Distributed)
Nov 14, 2025
Brief amici curiae of Legal Historian Noah A. Rosenblum, et al. filed. (Distributed)
Nov 14, 2025
Brief amici curiae of Campaign Legal Center, et al. filed. (Distributed)
Nov 14, 2025
Brief amici curiae of Independent Agency Board Members, et al. filed. (Distributed)
Nov 14, 2025
Brief amici curiae of Issue One, et al. filed. (Distributed)
Nov 14, 2025
Brief amici curiae of Thirteen Retired Federal Judges filed. (Distributed)
Nov 14, 2025
Brief amici curiae of Professor Nicholas R. Bednar, et al. filed. (Distributed)
Nov 14, 2025
Brief amici curiae of Colorado, et al. filed. (Distributed)
Nov 14, 2025
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Nov 14, 2025
Brief amicus curiae of Gwynne Wilcox filed. (Distributed)
Nov 14, 2025
Brief amici curiae of The American Antitrust Institute, et al. filed. (Distributed)
Nov 14, 2025
Brief amici curiae of 207 Members of Congress filed. (Distributed)
Nov 14, 2025
Brief amici curiae of Former Senior White House Lawyers, et al. filed. (Distributed)
Nov 14, 2025
Brief amici curiae of Patrick J. Borchers, et al. filed. (Distributed)
Nov 14, 2025
Brief amici curiae of Former Members of the Equal Employment Opportunity Commission filed. (Distributed)
Nov 14, 2025
Brief amicus curiae of Reporters Committee for Freedom of the Press filed. (Distributed)
Nov 14, 2025
Brief amicus curiae of TechFreedom filed. (Distributed)
Nov 14, 2025
Brief amicus curiae of National Whistleblower Center filed. (Distributed)
Nov 14, 2025
Brief amicus curiae of Public Knowledge filed.
Nov 24, 2025
Reply of petitioners Donald J. Trump, President of the United States, et al. filed. (Distributed)
Dec 8, 2025
Argued. Certiorari to the C. A. District of Columbia Circuit. For petitioners: D. John Sauer, Solicitor General, Department of Justice, Washington, D. C. For respondents: Amit Agarwal, Washington, D. C.

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