Courthouse Steps Oral Argument: Trump v. Slaughter

Humphrey's Executor v. United States, decided in 1935, upheld the Federal Trade Commission Act, declaring that a president can remove an FTC commissioner only for “inefficiency, neglect of duty, or malfeasance in office.” In March 2025, FTC Commissioner Rebecca Kelly Slaughter was notified of her removal by President Trump, who stated in a letter that for her to remain an FTC commissioner was “inconsistent with [the] Administration’s priorities.” Slaughter won in district court, which ordered her reinstatement. After the D.C. Court of Appeals denied the government’s request for a stay, the Supreme Court granted certiorari and stayed the lower court’s ruling.

Join us for a discussion of oral arguments in Trump v. Slaughter and the questions it presents about separation of powers, for-cause removal, and the future of Humphrey's Executor.

Featuring:

Eli Nachmany, Associate, Covington & Burling LLP
(Moderator) Bilal Sayyed, Counsel, Cadwalader, Wickersham & Taft LLP