News & Analysis as of

Removal For-Cause Supreme Court of the United States Appeals

Venable LLP

Legal Ping-Pong: D.C. Circuit Restores, Then Supreme Court Removes, Rebecca Slaughter as FTC Commissioner

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Earlier this month, the United States Court of Appeals for the D.C. Circuit ruled President Trump’s removal of Democrat commissioners from the Federal Trade Commission (FTC) was unlawful. In a 2-1 decision, the panel held...more

Ballard Spahr LLP

Chief Justice allows Trump to fire FTC Commissioner Slaughter—at least for now

Ballard Spahr LLP on

Chief Justice John Roberts has issued a temporary stay allowing President Trump to fire recently reinstated FTC Commissioner Rebecca Slaughter, even though she was fired without cause....more

Axinn, Veltrop & Harkrider LLP

D.C. Circuit Allows FTC Commissioner Slaughter to Be Reinstated, but the Supreme Court May Soon Decide Otherwise

Yesterday, the D.C. Circuit issued the latest decision in the saga over President Trump’s firing of the Democratic Federal Trade Commission (FTC) Commissioners. That decision sets the stage for a likely emergency application...more

Davis Wright Tremaine LLP

The NLRB Goes Down in the Fifth

The U.S. Court of Appeals for the Fifth Circuit ("Fifth Circuit") has ruled that the National Labor Relations Board ("NLRB") is unconstitutionally structured and cannot hear unfair labor practice charges. The decision focused...more

Poyner Spruill LLP

Fifth Circuit Rules NLRB Structure Likely Unconstitutional

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On August 19, 2025, the Fifth Circuit Court of Appeals sided with Elon Musk’s SpaceX and two other companies by barring the NLRB from prosecuting unfair labor practice cases on the grounds that the Board’s structure likely...more

Bass, Berry & Sims PLC

Fifth Circuit Rules NLRB’s Removal Protections for Members and ALJs Likely Unconstitutional

Bass, Berry & Sims PLC on

In a major setback for the National Labor Relations Board (NLRB), the Fifth Circuit Court of Appeals recently upheld an injunction, preventing the NLRB from holding an unfair labor practice (ULP) hearing against SpaceX and...more

Proskauer - Labor Relations Update

Fifth Circuit Boosts Spacex’s Constitutionality Arguments

On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed preliminary injunctions halting National Labor Relations Board (“NLRB” or the “NLRB”) proceedings against SpaceX and two other companies while they...more

Ballard Spahr LLP

Federal Judge rules that firing of Rebecca Slaughter as FTC Commissioner was illegal

Ballard Spahr LLP on

A federal judge has ruled that the President Trump violated federal law when he fired Rebecca Slaughter, a Democrat, as a member of the FTC....more

Ballard Spahr LLP

Two former Democratic FTC commissioners file suit over dismissal

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The two Democratic FTC members who were fired by President Trump have filed suit in federal court challenging their dismissal....more

Troutman Pepper Locke

CFSA Attempts to Renew Small Dollar Lending Rule Litigation in Supreme Court Petition

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On March 7, the Community Financial Services Association of America (CFSA) and the Consumer Service Alliance of Texas filed a petition for a writ of certiorari with the U.S. Supreme Court seeking to overturn a decision by the...more

Herbert Smith Freehills Kramer

Supreme Court Grants Certiorari to Determine Constitutionality of SEC Administrative Law Process

On June 30, 2023, the Supreme Court granted certiorari in Securities and Exchange Commission v. Jarkesy to review a decision by the Fifth Circuit rejecting key aspects of the Securities and Exchange Commission’s (SEC or the...more

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