Federal Trade Commission Unlawful Dismissal Challenge

A pro-democracy lawsuit challenging President Trump’s removal without cause of a Federal Trade Commissioner.

Background

Federal Trade Commissioner Rebecca Slaughter filed a lawsuit in federal court challenging her removal without cause by President Donald Trump. She asserts the Federal Trade Commission (FTC) is an independent regulatory agency in which removal by the president is only permissible for “inefficiency, neglect of duty, or malfeasance in office.” Slaughter relies on 90-year Supreme Court precedent set in Humphrey’s Executor which upheld for-cause removal protections in a virtually identical fact set. The lawsuit seeks her reinstatement to the FTC.

Why It Matters

Trump’s unprecedented removal of president-appointed, Senate-confirmed federal officials without cause marks a dangerous expansion of presidential powers. Slaughter’s firing indicates the Trump administration’s intent to challenge Humphrey’s Executor and pave the way for removal of non-loyalist federal officials.

Latest Updates

• Dec. 8, 2025: The Supreme Court will hear arguments.
• Sept. 22, 2025: The Supreme Court granted defendant’s petition for cert before judgment and directed parties 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, should be overruled; and (2) Whether a federal court may prevent a person’s removal from public office, either through relief at equity or at law. The Supreme Court denied Harris and Wilcox’s request for cert before judgment alongside Slaughter.
• Sept. 15, 2025: In response to defendants’ request for cert before judgment, Cathy Harris, fired Merit Systems Protection Board (MSPB) member, and Gwynne Wilcox, fired National Relations Board (NLRB) member, filed petitions with the Supreme Court seeking cert before judgment only if they decide to take up Slaughter. 
• Sept. 8, 2025: The Supreme Court granted defendant’s request for stay, pausing Slaughter’s reinstatement pending further review.
• Sept. 4, 2025: Defendants asked the Supreme Court for a stay pending the D.C. Circuit’s appeal and sought cert before judgment.
• Sept. 2, 2025: The D.C. Circuit denied stay pending appeal, and dissolved the emergency stay, finding Slaughter would likely succeed under Humphrey’s Executor.
• July 21, 2025: The D.C. Circuit granted defendants’ emergency motion to stay pending appeal.
• July 17, 2025: The district court granted Summary Judgment in favor of Slaughter and ordered her reinstatement. Defendants appealed to the D.C. Circuit.
• Apr. 23, 2025: Defendants filed cross-Motion for Summary Judgment.
• Apr. 11, 2025: Slaughter filed a Motion for Summary Judgment.
• Mar. 27, 2025: Slaughter filed her complaint.