Argued

No. 25-332

Donald J. Trump, President of the United States, et al. v. Rebecca Kelly Slaughter

from the United States Court of Appeals for the District of Columbia Circuit

See other cases from the District of Columbia Circuit.

Docket Entries

Argued. Certiorari to the C. A. District of Columbia Circuit. For petitioners: D. John Sauer, Solicitor General, Department of Justice, Washington, D. C. For respondents: Amit Agarwal, Washington, D. C.

Reply of petitioners Donald J. Trump, President of the United States, et al. filed. (Distributed)

Brief amicus curiae of TechFreedom filed. (Distributed)

Brief amicus curiae of Reporters Committee for Freedom of the Press filed. (Distributed)

Brief amici curiae of Former Members of the Equal Employment Opportunity Commission filed. (Distributed)

Brief amici curiae of Patrick J. Borchers, et al. filed. (Distributed)

Brief amici curiae of Former Senior White House Lawyers, et al. filed. (Distributed)

Brief amici curiae of 207 Members of Congress filed. (Distributed)

Brief amici curiae of The American Antitrust Institute, et al. filed. (Distributed)

Brief amicus curiae of Gwynne Wilcox filed. (Distributed)

Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)

Brief amici curiae of Colorado, et al. filed. (Distributed)

Brief amici curiae of Professor Nicholas R. Bednar, et al. filed. (Distributed)

Brief amici curiae of Thirteen Retired Federal Judges filed. (Distributed)

Brief amici curiae of Issue One, et al. filed. (Distributed)

Brief amici curiae of Independent Agency Board Members, et al. filed. (Distributed)

Brief amici curiae of Campaign Legal Center, et al. filed. (Distributed)

Brief amici curiae of Legal Historian Noah A. Rosenblum, et al. filed. (Distributed)

Brief amicus curiae of Professor Jed Handelsman Shugerman filed. (Distributed)

Brief amici curiae of Professor Andrea Scoseria Katz, et al. filed. (Distributed)

Brief amicus curiae of Public Citizen filed.

Brief amicus curiae of Professor Jane Manners filed. (Distributed)

Brief amicus curiae of Open Markets Institute filed. (Distributed)

Brief amici curiae of Professors of Administrative Law, et al. filed. (Distributed)

Brief amici curiae of Bipartisan Former Chairs of the Federal Trade Commission filed. (Distributed)

Brief amici curiae of Todd Harper, et al. filed. (Distributed)

Brief amicus curiae of Public Knowledge filed.

Brief amicus curiae of National Whistleblower Center filed. (Distributed)

Brief amici curiae of Bipartisan Former Commissioners of the Federal Energy Regulatory Commission filed. (Distributed)

Brief amici curiae of Former Members of Multimember Boards and Commissions filed. (Distributed)

Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)

Brief amici curiae of 40 National, State, and Local Consumer, Privacy and Open Markets Groups filed. (Corrected) (Distributed)

Amicus brief of 40 National, State, and Local Consumer, Privacy and Open Markets Groups not accepted for filing. (To be corrected - November 14, 2025)

Brief amici curiae of Professor Victoria Nourse, et al. filed. (Distributed)

Brief amici curiae of Administrative and Constitutional Law Professors filed. (Distributed)

Brief of respondent Rebecca Kelly Slaughter filed. (Distributed)

Record received from the United States District Court for the District of Columbia. The record is electronic and is available on PACER.

Record received from the United States Court of Appeals for the District of Columbia Circuit. The record is electronic and is available on PACER.

CIRCULATED

Record requested from the United States Court of Appeals for the District of Columbia Circuit.

SET FOR ARGUMENT on Monday, December 8, 2025.

Amicus brief of J. Christian Adams not accepted for filing. (November 20, 2025)

Brief amicus curiae of U.S. Senator Eric Schmitt Chairman of the Senate Judiciary Subcommittee on the Constitution filed. (Distributed)

Brief amicus curiae of America First Legal Foundation filed. (Distributed)

Brief amicus curiae of Cathy Harris in support of neither party filed.

Brief amici curiae of America's Future, et al. filed.

Brief amicus curiae of American Center for Law and Justice filed.

Brief amicus curiae of Maud Maron in support of neither party filed.

Brief amici curiae of The Honorable Edwin Meese III, et al. filed.

Brief amicus curiae of New Civil Liberties Alliance filed.

Brief amicus curiae of Claremont Institute Center for Constitutional Jurisprudence filed.

Brief amicus curiae of Chamber of Commerce of the United States of America filed.

Brief amicus curiae of Landmark Legal Foundation filed.

Brief amici curiae of Ariana Cortes, et al. filed.

Brief amicus curiae of Professor Michael T. Morley in support of neither party filed.

Brief amicus curiae of Christian Employers Alliance filed.

Brief amicus curiae of Cato Institute filed.

Brief amicus curiae of Pacific Legal Foundation filed.

Brief amicus curiae of Professor Ilan Wurman filed.

Brief amicus curiae of Americans for Prosperity Foundation filed.

Brief amicus curiae of Washington Legal Foundation filed.

Brief of petitioners Donald J. Trump, et al. filed.

Joint appendix filed.

The 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.

Application (25A264) referred to the Court.

Application (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 <i>Humphrey’s Executor</i> v. <i>United States</i>, 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 <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a264_o759.pdf'>Opinion</a>)

Petition for writ of certiorari before judgment GRANTED. (Detached Opinion)

Reply of applicant Donald J. Trump, et al. filed.

Response to application from respondent Rebecca Kelly Slaughter, et al. filed.

Letter of Cathy Harris filed.

Letter from counsel for petitioner Gwynne A. Wilcox in case No. 25-319 filed.

Brief amici curiae of America's Future, et al. filed.

Brief amicus curiae of TechFreedom filed.

Brief amicus curiae of Christian Employers Alliance filed.

Brief amici curiae of Florida, et al. filed.

Order 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).

Response to request for administrative stay from respondents Rebecca Kelly Slaughter, et al. filed.

Application (25A264) for a stay, submitted to The Chief Justice.

Parties

Donald J. Trump, et al., Petitioner, represented by D. John Sauer

Rebecca Kelly Slaughter, et al., Respondent, represented by Amitabh Agarwal

Amici Curiae

207 Members of Congress, Amicus Curiae, represented by Jeffrey L. Fisher

40 National, State, and Local Consumer, Privacy and Open Markets Groups, Amicus Curiae, represented by F. Paul Bland Jr.

Administrative and Constitutional Law Professors, Amicus Curiae, represented by Alan B. Morrison

America First Legal Foundation, Amicus Curiae, represented by Jonathan F. Mitchell

American Center for Law and Justice, Amicus Curiae, represented by Jay Alan Sekulow

American Federation of Labor and Congress of Industrial Organizations, Amicus Curiae, represented by Darin Matthew Dalmat

Americans for Prosperity Foundation, Amicus Curiae, represented by Michael David Pepson

America's Future, Gun Owners of America, Gun Owners Foundation, Gun Owners of California, Citizens United, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund, Amicus Curiae, represented by William Jeffrey Olson

Ariana Cortes and Logan Karam, Amicus Curiae, represented by Aaron Becket Solem

BIPARTISAN FORMER CHAIRS OF THE FEDERAL TRADE COMMISSION (FTC), Amicus Curiae, represented by Trisha B. Anderson

Bipartisan Former Commissioners of the Federal Energy Regulatory Commission (FERC), Amicus Curiae, represented by Ari Jacob Peskoe

Campaign Legal Center and Trevor Potter, Amicus Curiae, represented by Tara Malloy

Cathy Harris, Amicus Curiae, represented by Neal Kumar Katyal

Cato Institute, Amicus Curiae, represented by Thomas Arthur Berry

Christian Employers Alliance, Amicus Curiae, represented by John J. Bursch

Christian Employers Alliance, Amicus Curiae, represented by Erin Morrow Hawley

Christian Employers Alliance, Amicus Curiae, represented by Natalie Deyo Thompson

Constitutional Accountability Center, Amicus Curiae, represented by Brianne Jenna Gorod

Former Members of Multimember Boards and Commissions, Amicus Curiae, represented by William James Murphy

Former Members of the Equal Employment Opportunity Commission, Amicus Curiae, represented by Eric Schnapper

Gwynne Wilcox, Amicus Curiae, represented by Deepak Gupta

Ilan Wurman, Amicus Curiae, represented by Ilan Wurman

Independent Agency Board Members and Scholars, Amicus Curiae, represented by Catherine Mary Agnes Carroll

Issue One, the Honorable Brian Baird, the Honorable Charles Boustany, the Honorable Joseph Hoeffel, the Honorable Steven Gunderson, the Honorable Bill Sarpalius, and the Honorable Peter Smith, Amicus Curiae, represented by William Michael Treanor

J. Christian Adams, Amicus Curiae, represented by Jonathan F. Mitchell

Jed Handelsman Shugerman, Amicus Curiae, represented by Richard Francis Griffin Jr.

Landmark Legal Foundation, Amicus Curiae, represented by Matthew Conrad Forys

Legal Historians Noah A. Rosenblum and Nathaniel Donahue, Amicus Curiae, represented by Gregory L. Diskant

Maud Maron, Amicus Curiae, represented by Alan Gura

New Civil Liberties Alliance, Amicus Curiae, represented by Markham Sterling Chenoweth

Open Markets Institute, Amicus Curiae, represented by James Wesley Crooks

Pacific Legal Foundation, Amicus Curiae, represented by Oliver James Dunford

Patrick J. Borchers, Michael C. Dorf, Kellen Funk, Aziz Huq, Riley T. Keenan, James Pfander, and Jonathan D. Shaub, Amicus Curiae, represented by Joseph Marc Sellers

Professor Andrea Scoseria Katz and Professor Jonathan Gienapp, Amicus Curiae, represented by Christopher Kendrick Connolly

Professor Jane Manners, Amicus Curiae, represented by Katherine Lindsay Pringle

Professor Michael T. Morley, Amicus Curiae, represented by Michael T. Morley

Professors Nicholas R. Bednar and Todd Phillips, Amicus Curiae, represented by Brian Adair Sutherland

Professors of Administrative Law, Legislation and the Regulatory State, and Separation of Powers, Amicus Curiae, represented by Samuel Estreicher

Professor Victoria Nourse and Lawyers Defending American Democracy, Amicus Curiae, represented by Clifford M. Sloan

Public Citizen, Amicus Curiae, represented by Nicolas Anthony Sansone

Public Knowledge, Amicus Curiae, represented by John David Bergmayer

Reporters Committee for Freedom of the Press, Amicus Curiae, represented by Bruce David Brown

Senior White House Lawyers, Government Officials, Federal Judges, Governors, and Members of Congress Who Where Appointed or Nominated by Republican Presidents, or Who Were Elected as Republicans, Amicus Curiae, represented by Hampton Y. Dellinger

State of Colorado and 22 Other States, Amicus Curiae, represented by David Zachary Moskowitz

TechFreedom, Amicus Curiae, represented by Corbin Knight Barthold

The American Antitrust Institute and the Committee to Support the Antitrust Laws, Amicus Curiae, represented by Deborah A. Elman

The Chamber of Commerce of the United States of America, Amicus Curiae, represented by Steven Andrew Engel

The Claremont Institute Center for Constitutional Jurisprudence, Amicus Curiae, represented by John C. Eastman

The Honorable Edwin Meese III, The Honorable Michael B. Mukasey, Professor Steven G. Calabresi, and Professor Christopher S. Yoo, Amicus Curiae, represented by Amit R. Vora

The National Whistleblower Center and Dr. Tommie G. Savage, Amicus Curiae, represented by Stephen M. Kohn

The National Whistleblower Center and Dr. Tommie G. Savage, Amicus Curiae, represented by Kayla Max Svihovec

Thirteen Retired Federal Judges, Amicus Curiae, represented by Norman L. Eisen

Todd Harper and Tanya Otsuka, Amicus Curiae, represented by Vincent Gregory Levy

U.S. Senator Eric Schmitt Chairman of the Senate Judiciary Subcommittee on the Constitution, Amicus Curiae, represented by Thomas Ryan McCarthy

Washington Legal Foundation, Amicus Curiae, represented by Cory L. Andrews

 
Last updated: April 18, 2026