“Humphrey’s Executor controls this case and binds this court.”
The Trump administration is not entitled to a stay pending appeal of a federal district court order reinstating Federal Trade Commissioner Rebecca Slaughter, who was removed without cause by the President in March, the D.C. Circuit found. The key substantive question presented by the government’s appeal was whether the statute providing the FTC Commissioners for-cause removal protection unconstitutionally infringes on the President’s Article II power, the appeals court found, and the government is “highly unlikely” to succeed because “that exact question” was already asked and unanimously answered adversely to the government’s position in Humphrey’s Executor v. United States, 295 U.S. 602 (1935). Judge Rao dissented (Slaughter v. Trump, No. 25-5261 (D.C. Cir. Sept. 2, 2025)).
Firing of FTC Commissioner without cause. President Trump, the appeals court recounted, fired Federal Trade Commissioner Rebecca Slaughter without cause.
Unlawful. On July 17, 2025, a federal district court granted summary judgment in favor of Slaughter, finding her firing unlawful. The district court concluded that the provisions of the Federal Trade Commission (FTC) Act on the removal of FTC Commissioners is clear and held that it was “patently obvious” that Humphrey’s Executor v. United States, 295 U.S. 602 (1935), in which the U.S. Supreme Court upheld the FTC Act’s for-cause removal protections, controlled.
Motion for stay pending...
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