Supreme Court of the United States · Official docket →
Donald J. Trump, President of the United States, et al. v. Rebecca Kelly Slaughter
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 25-5261
Decided · September 22, 2025
Pre-decision estimate: 52% cert probability (95% interval 36%–68%)
Before the decision, about 12.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a D.C. Circuit decision below.
Question presented
The parties are directed to brief and argue the following questions:
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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.
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Whether a federal court may prevent a person’s removal from public office, either through relief at equity or at law. THE APPLICATION 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. THE STAY SHALL TERMINATE UPON THE SENDING DOWN OF THE JUDGMENT OF THIS COURT. EXPEDITED BRIEFING.
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
Amitabh Agarwal
Protect Democracy Project
Case
Conference history
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Amicus briefs
4 cert-stage · 51 merits
(19 supporting pet./neither, 32 respondent)
Linked docket
25A264
Argument & decision
Argued December 8, 2025 — D. John Sauer · Amit Agarwal. Audio and transcript
Decided September 22, 2025. Opinion by Roberts, C.J..
Proceedings
- Jul 31 2026Judgment Issued.
- Jun 29 2026Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined, and in which Thomas, J., joined as to all but Part III–B. Gorsuch, J., filed a concurring opinion. Sotomayor, J., filed a dissenting opinion, in which Kagan and Jackson, JJ., joined.
- Dec 08 2025Argued. For petitioners: D. John Sauer, Solicitor General, Department of Justice, Washington, D. C. For respondents: Amit Agarwal, Washington, D. C.
- Nov 24 2025Reply of petitioners Donald J. Trump, President of the United States, et al. filed. (Distributed)
- Nov 14 2025Brief amici curiae of Todd Harper, et al. filed. (Distributed)
- Nov 14 2025Brief amici curiae of Bipartisan Former Chairs of the Federal Trade Commission filed. (Distributed)
- Nov 14 2025Brief amici curiae of Professors of Administrative Law, et al. filed. (Distributed)
- Nov 14 2025Brief amicus curiae of Open Markets Institute filed. (Distributed)
- Nov 14 2025Brief amicus curiae of Professor Jane Manners filed. (Distributed)
- Nov 14 2025Brief amicus curiae of Public Citizen filed.
- Nov 14 2025Brief amici curiae of Professor Andrea Scoseria Katz, et al. filed. (Distributed)
- Nov 14 2025Brief amicus curiae of Professor Jed Handelsman Shugerman filed. (Distributed)
- Nov 14 2025Brief amici curiae of Legal Historian Noah A. Rosenblum, et al. filed. (Distributed)
- Nov 14 2025Brief amici curiae of Campaign Legal Center, et al. filed. (Distributed)
- Nov 14 2025Brief amici curiae of Independent Agency Board Members, et al. filed. (Distributed)
- Nov 14 2025Brief amici curiae of Issue One, et al. filed. (Distributed)
- Nov 14 2025Brief amici curiae of Thirteen Retired Federal Judges filed. (Distributed)
- Nov 14 2025Brief amici curiae of Professor Nicholas R. Bednar, et al. filed. (Distributed)
- Nov 14 2025Brief amici curiae of Colorado, et al. filed. (Distributed)
- Nov 14 2025Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
- Nov 14 2025Brief amicus curiae of Gwynne Wilcox filed. (Distributed)
- Nov 14 2025Brief amici curiae of The American Antitrust Institute, et al. filed. (Distributed)
- Nov 14 2025Brief amici curiae of 207 Members of Congress filed. (Distributed)
- Nov 14 2025Brief amici curiae of Former Senior White House Lawyers, et al. filed. (Distributed)
- Nov 14 2025Brief amici curiae of Patrick J. Borchers, et al. filed. (Distributed)
- Nov 14 2025Brief amici curiae of Former Members of the Equal Employment Opportunity Commission filed. (Distributed)
- Nov 14 2025Brief amicus curiae of Reporters Committee for Freedom of the Press filed. (Distributed)
- Nov 14 2025Brief amicus curiae of TechFreedom filed. (Distributed)
- Nov 14 2025Brief amicus curiae of National Whistleblower Center filed. (Distributed)
- Nov 14 2025Brief amicus curiae of Public Knowledge filed.
- Nov 13 2025Amicus 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 2025Brief amici curiae of 40 National, State, and Local Consumer, Privacy and Open Markets Groups filed. (Corrected) (Distributed)
- Nov 13 2025Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
- Nov 13 2025Brief amici curiae of Former Members of Multimember Boards and Commissions filed. (Distributed)
- Nov 13 2025Brief amici curiae of Bipartisan Former Commissioners of the Federal Energy Regulatory Commission filed. (Distributed)
- Nov 12 2025Brief amici curiae of Administrative and Constitutional Law Professors filed. (Distributed)
- Nov 12 2025Brief amici curiae of Professor Victoria Nourse, et al. filed. (Distributed)
- Nov 07 2025Brief of respondent Rebecca Kelly Slaughter filed. (Distributed)
- Oct 30 2025Record received from the United States District Court for the District of Columbia. The record is electronic and is available on PACER.
- Oct 24 2025Record received from the United States Court of Appeals for the District of Columbia Circuit. The record is electronic and is available on PACER.
- Oct 22 2025Record requested from the United States Court of Appeals for the District of Columbia Circuit.
- Oct 22 2025CIRCULATED
- Oct 17 2025SET FOR ARGUMENT on Monday, December 8, 2025.
- Oct 17 2025Brief amicus curiae of Pacific Legal Foundation filed.
- Oct 17 2025Brief amicus curiae of Christian Employers Alliance filed.
- Oct 17 2025Brief amicus curiae of Professor Michael T. Morley in support of neither party filed.
- Oct 17 2025Brief amici curiae of Ariana Cortes, et al. filed.
- Oct 17 2025Brief amicus curiae of Landmark Legal Foundation filed.
- Oct 17 2025Brief amicus curiae of Chamber of Commerce of the United States of America filed.
- Oct 17 2025Brief amicus curiae of Claremont Institute Center for Constitutional Jurisprudence filed.
- Oct 17 2025Brief amicus curiae of New Civil Liberties Alliance filed.
- Oct 17 2025Brief amici curiae of The Honorable Edwin Meese III, et al. filed.
- Oct 17 2025Brief amicus curiae of Maud Maron in support of neither party filed.
- Oct 17 2025Brief amicus curiae of American Center for Law and Justice filed.
- Oct 17 2025Brief amicus curiae of Cato Institute filed.
- Oct 17 2025Brief amici curiae of America's Future, et al. filed.
- Oct 17 2025Brief amicus curiae of Cathy Harris in support of neither party filed.
- Oct 17 2025Brief amicus curiae of America First Legal Foundation filed. (Distributed)
- Oct 17 2025Brief amicus curiae of U.S. Senator Eric Schmitt Chairman of the Senate Judiciary Subcommittee on the Constitution filed. (Distributed)
- Oct 17 2025Amicus brief of J. Christian Adams not accepted for filing. (November 20, 2025)
- Oct 16 2025Brief amicus curiae of Professor Ilan Wurman filed.
- Oct 16 2025Brief amicus curiae of Americans for Prosperity Foundation filed.
- Oct 14 2025Brief amicus curiae of Washington Legal Foundation filed.
- Oct 10 2025Brief of petitioners Donald J. Trump, et al. filed.
- Oct 10 2025Joint appendix filed.
- Sep 29 2025The 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.
- Sep 22 2025Application (25A264) referred to the Court.
- Sep 22 2025Petition for writ of certiorari before judgment GRANTED. (Detached Opinion)
- Sep 22 2025Application (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 16 2025Reply of applicant Donald J. Trump, et al. filed.
- Sep 15 2025Response to application from respondent Rebecca Kelly Slaughter, et al. filed.
- Sep 15 2025Brief amicus curiae of TechFreedom filed.
- Sep 15 2025Brief amici curiae of America's Future, et al. filed.
- Sep 15 2025Letter from counsel for petitioner Gwynne A. Wilcox in case No. 25-319 filed.
- Sep 15 2025Letter of Cathy Harris filed.
- Sep 11 2025Brief amicus curiae of Christian Employers Alliance filed.
- Sep 10 2025Brief amici curiae of Florida, et al. filed.
- Sep 08 2025Order 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 05 2025Response to request for administrative stay from respondents Rebecca Kelly Slaughter, et al. filed.
- Sep 04 2025Application (25A264) for a stay, submitted to The Chief Justice.