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ARTICLE · 26 SEPTEMBER 2025

Supreme Court's Potential Restructuring Of FTC Could Have Substantial Implications

Holland & Knight
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The U.S. Supreme Court on Sept. 22, 2025, issued an order in Trump v. Slaughter, staying a lower court's order to reinstate Federal Trade Commission (FTC) Commissioner Rebecca Slaughter over President Donald Trump's decision to remove her without cause.

United StatesLitigation, Mediation & Arbitration
Anthony E. DiResta
Anthony E. DiResta
Timothy Taylor
Timothy Taylor
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Highlights

  • The U.S. Supreme Court on Sept. 22, 2025, issued an order in Trump v. Slaughter, staying a lower court's order to reinstate Federal Trade Commission (FTC) Commissioner Rebecca Slaughter over President Donald Trump's decision to remove her without cause.
  • The Court also directed that the case be heard on the merits in December 2025.
  • This Holland & Knight alert takes a look at some of the potential implications if the Court overturns or narrows the 1935 Supreme Court precedent in Humphrey's Executor, which held that presidents cannot remove FTC commissioners without "cause" such as inefficiency, neglect of duty or malfeasance.

The U.S. Supreme Court on Sept. 22, 2025, issued an order in Trump v. Slaughter, staying a lower court's order to reinstate Federal Trade Commission (FTC) Commissioner Rebecca Slaughter over President Donald Trump's decision to remove her without cause. The Court also directed that the case be heard on the merits in

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