Bloomberg Law DC Grand Jurors Reject Charges & Chief Justice Okays FTC Firing
Sep 9, 2025
Join constitutional law expert Harold Krent, former federal prosecutor Robert Mintz, and Bloomberg legal reporter Erik Larson as they unpack significant legal developments. They delve into Chief Justice Roberts' ruling enabling Trump to fire a key FTC member. Mintz shares insights on the challenges surrounding grand jury indictments in D.C., while Larson discusses the appeals court's decision to uphold an $83 million defamation verdict against Trump. It's a captivating exploration of law, power, and current controversies!
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Chief Justice Pauses FTC Reinstatement
- The Chief Justice temporarily allowed President Trump to remove FTC Commissioner Rebecca Kelly Slaughter while the case proceeds.
- This stay may signal the Court is ready to fully revisit or limit Humphrey's Executor on agency removal protections.
Why The Court Might Avoid Reinstatement
- Two main theories explain the stay: the Court may be preparing to overrule Humphrey's Executor or avoid reinstatement as an equitable remedy.
- Avoiding reinstatement would let the president appoint a replacement consistent with statutory party-balance limits.
Shadow Docket Shapes Interim Relief
- The Supreme Court uses a shadow-docket equity analysis for these interim orders without full opinions.
- That informal process weighs likelihood of success and balance of equities but leaves less public reasoning.