Supreme Court of the United States · Official docket →
Donald J. Trump, President of the United States, et al., Applicants v. Rebecca Kelly Slaughter, et al.
Application · United States Court of Appeals for the District of Columbia Circuit, No. 25-5261
Application granted · September 22, 2025
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
Amitabh Agarwal
Beau Tremitiere Protect Democracy Project
Argument & decision
Decided September 22, 2025.
Proceedings
- Sep 22 2025Application (25A264) referred to the Court.
- 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.