In an order today in Trump v. Slaughter, the Supreme Court blocked a D.C. Circuit order that would have required the reinstatement of Federal Trade Commission member Rebecca Slaughter. President Trump removed Slaughter from her position in March.
The Court also granted review of these 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 case will be argued in December. Today’s order would sure seem to provide a clear forecast of how that case will be decided.
Justice Kagan, joined by Justices Sotomayor and Jackson, dissented.