The Supreme Court just heard oral argument in Trump v. Slaughter. At issue was whether the President can fire the heads of the Federal Trade Commission (FTC) at will. But the Court was looking toward the horizon, too. If the Court rules in favor of the President here and holds that the congressionally imposed removal […]
The D.C. Circuit issued only one opinion last week, in a criminal case. The motions panel has been busy in December, however. As has been fairly common, the D.C. Circuit issued two administrative stays to give itself time to resolve two motions. (For a useful overview of administrative stays, see Rachel Bayefsky, Administrative Stays: Power […]
Last week, the Supreme Court heard oral argument in Trump v. Slaughter—the case involving President Trump’s removal of FTC commissioner Rebecca Slaughter. Slaughter is challenging her removal on the grounds that it violated the Federal Trade Commission Act, which only allows removal of commissioners for certain, specified causes (none of which the President invoked). President […]
The Supreme Court heard argument on Monday in Trump v. Slaughter, a case in which the President seeks to override the power of Congress to limit, through legislation, presidential removal of federal administrators. The argument revealed some confusion about the law and history of federal offices and multiple precedents important to resolving the question. This […]
I don’t listen to SCOTUS oral arguments very often. I made an exception for Trump v. Slaughter today. What I heard was somewhat interesting. The powerless liberal wing of the Court performed quite well (much better than I’m used to seeing) and the conservative wing did not come across as confident. Slowly, some of them […]
This term the Supreme Court is hearing argument in two major cases regarding the law of federal offices. One—Trump v. Slaughter—may strip Congress of the power to place any restrictions on the President’s ability to remove administrators at will. Another—Trump v. Cook—will address how such restrictions work, assuming that the President has to follow them. […]
Speaking to a ballroom full of broadcasters, the Chairman of the Federal Communications Commission harangued them with a dire warning: “Clearly at the heart of the FCC’s authority lies its power to license, to renew or fail to renew, or to revoke a license. As you know, when your license comes up for renewal, your […]
The Supreme Court hears oral argument today in Trump v. Slaughter, (No. 25-332), to decide whether Humphrey’s Executor v. U.S., 295 U.S. 602 (1935), should be overruled. On Friday, the D. C. Circuit weighed in to the ongoing debate over Humphrey’s Executor just in time to add to the weekend reading of the justices’ law clerks. President Trump fired […]
Here is the November 2025 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. You can […]
The Trump Administration recently contemplated issuing an executive order aimed at combatting state restrictions on the development of artificial intelligence (“AI”), but has, for the moment ceased work on the executive order. The Order, which could be resurrected, would have directed the Attorney General to assemble a task force of Department of Justice lawyers to […]
The Trump Administration recently contemplated issuing an executive order aimed at combatting state restrictions on the development of artificial intelligence (“AI”), but has, for the moment ceased its efforts. The order would have directed that Attorney General to assemble a task force to challenge state laws regulating artificial intelligence, including mounting challenges based on the […]
“I do not say the office is either Executive or Judicial; I think it rather distinct from both, though it partakes of each, and therefore some modification, accommodated to those circumstances ought to take place.” – James Madison on the Comptroller, June 29, 1789 On Monday, December 8th, the Supreme Court will hear oral arguments […]
According to news reports, the Trump Administration recently contemplated issuing an executive order aimed at combatting state restrictions on the development of artificial intelligence (“AI”). A leaked draft has been widely discussed in the press (and, indeed, is available on-line).[1] The Administration has reportedly decided to cease work on the executive order,[2] but could resurrect […]
Today’s Ad Law Reading Room entry is “Immigration Venue Exceptionalism,” by Stacy Caplow and Maryellen Fullerton, which is forthcoming in the Cornell Law Review. Here is the abstract: The notion of “exceptionalism” has characterized immigration law for more than a century. Many constitutional and other traditional norms do not apply in the realm of immigration […]
On December 8, the Supreme Court will hear oral argument in the landmark case of Trump v. Slaughter. A fundamental issue in the case is whether the statutorily created office of Commissioner for the FTC can include partial restrictions on the President’s ability to remove a Commissioner. The government contends that the statutory removal restrictions […]