SLAUGHTER v. TRUMP
1:25-cv-00909
| D.D.C. | Jul 24, 2025Background
- Rebecca Kelly Slaughter, former FTC Commissioner, was removed from her position by President Donald J. Trump in 2025.
- Slaughter sued Trump, FTC Chair Ferguson, Commissioner Holyoak, and Executive Director Robbins, challenging her removal under 15 U.S.C. § 41.
- The district court granted summary judgment for Slaughter, enjoining her removal unless for cause as specified by statute, and denied the defendants’ cross-motion.
- Defendants appealed and requested a stay both in district court and an emergency stay in the D.C. Circuit, which entered an administrative stay.
- The district court, while obliged to rule on the stay motion pending its own review, ultimately denied the stay pending appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of Removal Protections | Humphrey’s Executor controls; President can remove an FTC Comm’r only for cause | Supreme Court's recent stays (e.g., Wilcox) undercut Humphrey’s Executor; FTC is executive | FTC removal protections still apply per precedent |
| Likelihood of Success on Appeal | Defendants unlikely to prevail as S.Ct. hasn’t overruled precedent | S.Ct. stays signal likely reversal | Defendants have not shown likelihood of success; court follows existing precedent |
| Irreparable Harm | Allowing removal undermines independent agency and role | Continuing Slaughter’s service harms administration and FTC function | No irreparable harm shown; composition not materially disrupted |
| Public Interest/Equities | Public interest in lawful agency operation; threatens independence | President should have removal power to support agenda | Public interest favors maintaining lawful limits on removal |
Key Cases Cited
- Humphrey’s Executor v. United States, 295 U.S. 602 (Preserves removal protections for FTC Commissioners)
- United States v. Hatter, 532 U.S. 557 (Lower courts may not overrule SCOTUS precedent)
- State Oil Co. v. Khan, 522 U.S. 3 (Overruling SCOTUS precedent is for the Supreme Court only)
- Mallory v. Norfolk S. Ry. Co., 600 U.S. 122 (Lower courts must follow binding precedent until SCOTUS reinterprets)
- PHH Corp. v. Consumer Fin. Prot. Bureau, 881 F.3d 75 (Individual commissioners’ power in multi-member agency is limited)
- Nken v. Holder, 556 U.S. 418 (Sets standard for stay pending appeal)
- League of Women Voters of the U.S. v. Newby, 838 F.3d 1 (Public interest in lawful government operations)