re: SCOTUS just restored Trump’s constitutional power to remove rogue commissioners

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SCOTUS Emergency Actions (Shadow Docket): On May 22, 2025, in an unsigned 6-3 order in Trump v. Wilcox, the Court stayed lower-court orders reinstating Wilcox and Harris, allowing their removals to stand temporarily while litigation proceeds. The majority emphasized the president's Article II removal power, but this was not a merits ruling on Humphrey's Executor—it was an interim measure to avoid "disruptive" agency instability. Justices Kagan, Sotomayor, and Jackson dissented, arguing the order effectively bypassed precedent without full briefing or argument.
On September 22, 2025, in a similar 6-3 order in Trump v. Slaughter, the Court stayed a district court injunction blocking Slaughter's removal from the FTC, again permitting it to proceed pending review. This explicitly queued the case for merits arguments in December 2025, with briefing ordered on whether FTC removal protections violate separation of powers and if Humphrey's Executor should be overruled.

No Final Merits Decision Yet: These stays signal the conservative majority's skepticism toward Humphrey's Executor (building on narrower rulings like Seila Law LLC v. CFPB in 2020, which invalidated single-director agency protections). The Trump DOJ has urged overruling the precedent outright, aligning with Project 2025's push for unitary executive power. However, as of today, Humphrey's Executor remains binding law. A full decision is expected in 2026, potentially carving out exceptions (e.g., for the Federal Reserve to avoid market disruption).

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