The U.S. Supreme Court has scheduled oral arguments related to President Donald Trump’s removal of Federal Trade Commission (FTC) Commissioner Rebecca Slaughter for December 8, 2025. Last month, the Supreme Court stayed a district court’s order that required her reinstatement. 

The questions at issue are as follows: “(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.”

Although the administration removed the two Democratic Commissioners in March and both had challenged the action, Commissioner Alvaro Bedoya formally resigned in June. Therefore, the current case involves only Commissioner Slaughter. At this time, the FTC is operating with three Republican Commissioners, and even before the ongoing government shutdown started, there did not seem to be any movement to fill either of the two vacancies.

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For additional information about the issues discussed in this Antitrust Byte, or if you have any other antitrust concerns, please contact the attorneys listed on this page or the Epstein Becker Green attorney who regularly handles your legal matters.

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