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Alignment is each justice's general judicial philosophy as commonly described, not a party. Justices don't belong to parties, and they don't always vote with their bloc.
Alignment is each justice's general judicial philosophy as commonly described, not a party. Justices don't belong to parties, and they don't always vote with their bloc.
No. 25-332 · October Term 2025
Do the statutory removal protections for members of the Federal Trade Commission violate the separation of powers?
Rebecca Kelly Slaughter was serving as a Commissioner on the Federal Trade Commission (FTC), an agency led by five commissioners appointed by the President and confirmed by the Senate to seven-year terms. The Federal Trade Commission Act limits the President’s ability to remove an FTC Commissioner to “inefficiency, neglect of duty, or malfeasance in office.” President Donald J. Trump fired Commissioner Slaughter, explaining her continued service was “inconsistent with [the] Administration’s priorities,” which did not meet the statutory standard of “cause.” Slaughter sued President Trump and the three remaining FTC Commissioners, arguing her removal was unlawful because the President failed to offer a statutory cause. The district court ruled in favor of Commissioner Slaughter, declaring her removal unlawful, ordering her reinstatement, and issuing a permanent injunction against the remaining Commissioners and their subordinates, barring them from interfering with her duties. The government appealed the decision and requested a stay of the district court's order pending the appeal. The U.S. Court of Appeals for the D.C. Circuit denied the government’s motion for a stay pending…
From Oyez.
The Federal Trade Commission’s for-cause removal provision, 15 U. S. C. §41, is contrary to the separation of powers enshrined in the Constitution.
Majority: John G. Roberts, Samuel A. Alito, Neil M. Gorsuch, Brett M. Kavanaugh, Amy Coney Barrett, Clarence Thomas
Dissent: Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson