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Jul 18, 2025 • 10 tweets • 3 min read
1) Big news in the Humphrey's Executor world. Yesterday, the federal District Court for D.C. issued a permanent injunction mandating that Trump re-hire Rebecca Slaughter as an FTC Commissioner. Trump fired Slaughter without cause, in direct conflict with Humphrey's Executor (link below). Trump has already filed his notice of appeal to the DC Circuit. This is almost guaranteed to reach SCOTUS, possibly even bypassing the D.C. Circuit, as I explain below. (cont)
Link to opinion here: bit.ly/44QdLru. Note first of all that this is a *different* case from the Wilcox case, in which fired NLRB commissioner Rebecca Wilcox sought and got an injunction mandating Trump restore here, and which SCOTUS has stayed pending disposition in the DC Circuit. The Slaughter case is an even *more* direct challenge to Humphrey's Executor than Wilcox, because while Wilcox did not involve the FTC--thus giving SCOTUS wiggle room distinguish it from Humphrey's Executor--this is not the case with Slaughter, which involves the FTC, just like Humphrey's Executor. (cont)