The latest development in the ongoing legal saga regarding the scope of presidential authority to fire officials at various independent federal agencies occurred on September 22, 2025, when the Supreme Court of the United States (SCOTUS or the Court) granted a stay of the reinstatement of Rebecca Slaughter, a former commissioner at the Federal Trade Commission (FTC). The Court also granted a writ of certiorari without waiting for judgment on the merits by the federal appeals court, directing the parties to brief two questions for the Court’s December 2025 argument session: “(1) Whether the statutory removal protections for members of the [FTC] 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.” While this case concerns the FTC, any decision affecting Humphrey’s Executor will have wide-reaching effects, as that nearly century-old SCOTUS precedent limits the president’s authority to fire without cause officers at many independent agencies.
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