SCOTUS Stays Slaughter’s FTC Reinstatement, Schedules December Argument
The U.S. Supreme Court on Monday stayed the reinstatement of FTC Commissioner Rebecca Kelly Slaughter on a 6-3 vote and scheduled the case for December argument (see 2509160057). Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson dissented.
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The court directed parties to file briefs on the following: (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.”