Case: Slaughter v. Trump

1:25-cv-00909 | U.S. District Court for the District of District of Columbia

Filed Date: March 27, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging the President's authority to remove Federal Trade Commission (FTC) Commissioners without cause. On March 27, 2025, two Commissioners at the Federal Trade Commission (FTC)--appointed and confirmed by terms set to last through 2026 and 2029--filed this lawsuit in the United States District Court for the District of Columbia. They named President Donald Trump and the agency heads of the FTC as Defendants. They challenged Defendant's purported termination of their appoint…

This is a case challenging the President's authority to remove Federal Trade Commission (FTC) Commissioners without cause. On March 27, 2025, two Commissioners at the Federal Trade Commission (FTC)--appointed and confirmed by terms set to last through 2026 and 2029--filed this lawsuit in the United States District Court for the District of Columbia. They named President Donald Trump and the agency heads of the FTC as Defendants. They challenged Defendant's purported termination of their appointments, alleging that Defendants violated the Federal Trade Commission Act, the Administrative Procedure Act, and the Separation of Powers.

Both Slaughter and Bedoya were lawfully appointed and confirmed for terms set to expire in 2029 and 2026, respectively. On March 18, 2025, they received emails from the White House stating that their continued service was "inconsistent with the Administration’s priorities" and that they were being removed, citing Article II powers. No statutory cause—such as inefficiency, neglect of duty, or malfeasance—was given, despite these being the only legally permissible grounds for removal under the FTC Act and affirmed by the Supreme Court in Humphrey’s Executor v. United States, 295 U.S. 602 (1935).

The plaintiffs seek declaratory and injunctive relief to prevent enforcement of the removals and to restore their ability to serve. Specifically, they ask the court to declare the President’s removal attempt unlawful, reinstate their FTC credentials, and prohibit FTC leadership from obstructing their duties. They further request mandamus relief and assert equitable grounds to restrain unconstitutional actions by federal officials.

The case was before the U.S. District Court for the District of Columbia under Judge Loren L. AliKhan on March 27. Plaintiffs filed a motion for summary judgment and to expedite on April 11, and a coalition of Members of Congress as amici argued that Humphrey's Executor was correct and that its upholding of the FTC as constitutional remains good law today. Throughout April, multiple parties filed amicus briefs in favor of the plaintiffs, including multiple law professors and a group of 21 states, arguing substantially the same points raised by the members of Congress. The State of Florida, along with 20 other states and the Arizona legislature, filed an amicus brief in favor of the defendants, arguing that the President has an absolute right to remove FTC commissioners and that the judicial system is unable to order reinstatement as a legal remedy under its equitable powers. 

The court also issued a summary judgment briefing schedule on April 14, setting a hearing for May 20, 2025. While the disposition was pending with the court, on June 9, the plaintiffs filed a notice that one of the former commissioners had formally resigned from his position as a commissioner of the FTC but that he continued to seek "any and all relief appropriate to his new circumstances," including a declaration that his original termination was unlawful and that he was an FTC commissioner up to the date of his formal resignation. In response, the court ordered the parties to file briefs addressing the commissioner's continued standing in the case by June 18. 

The parties filed their briefs on June 18. The plaintiffs argued that the commissioner's "decision to mitigate some of the harms he suffered as a result of Defendants’ illegality does not deprive him of standing to continue to litigate this case," since he still suffered harms, particularly reputational harms, that could only be remedied by a declaratory judgment in this case. On the other hand, the defendants argued that the commissioner's resignation deprived the court of subject-matter jurisdiction over his case, since the "Court can no longer afford the purely prospective injunctive relief that [he] sought in the complaint." Since the commissioner sought only prospective, rather than retroactive, relief, the defendants argued that he could not modify his complaint now to maintain the court's jurisdiction. 

On July 17, the court found that the commissioner who resigned lacked standing, granted the other plaintiff's motion for summary judgment, and denied the defendants' motion for summary judgment. The court found that the commissioner's resignation deprived him of standing to request a declaratory ruling, since a "declaratory ruling would not correct an ongoing harm to him; it would be an advisory opinion about a dead controversy." 

Turning to the merits with regards to the remaining plaintiff, the court reviewed Supreme Court precedent in Myers v. United States and Humphrey's Executor v. United States. In Myers, the Supreme Court held that the combined powers and responsibilities under Article II granted the President “general administrative control of those executing the laws, including the power of appointment and removal of executive officers.” On the other hand, in Humphrey's Executor, the Court sided with Commissioner Humphrey and held that the FTC Act’s removal protections for FTC Commissioners did not violate Article II. The Supreme Court explained that whether a President can remove an officer will depend on the characteristics of the office. The district court noted that Seila Law LLC v. Consumer Financial Bureau, where the Court held that removal protections for agencies wielding significant executive power and run by a single individual were unconstitutional, yet reaffirmed Humphrey's Executor

Based on this review, the district court said that "Humphrey’s Executor involved the exact same provision of the FTC Act that Ms. Slaughter seeks to enforce here: the for-cause removal protection within 15 U.S.C. § 41 prohibiting any termination except for inefficiency, neglect of duty, or malfeasance in office." And the court found that Humphrey's Executor still remained good law and binding on the case here. While the court admitted that the Supreme Court had cast some doubt on Humphrey's Executor in other contexts, "any suggestion that Humphrey’s Executor may not extend to other agencies cannot be read as an invitation to sidestep its application to the FTC." Therefore, the court found that " for the time being, Defendants’ attempt to remove Ms. Slaughter from her position as an FTC Commissioner did not comply with the FTC Act’s removal protections.  Because those protections remain constitutional, as they have for almost a century, Ms. Slaughter’s purported removal was unlawful and without legal effect." 

Given its holding, the court granted the plaintiff summary judgment, including declaratory relief, finding that her termination was unlawful, and a permanent injunction ordering the FTC to restore the plaintiff to her position as an FCT commissioner. The defendants filed a motion to stay the court's order pending appeal and appealed to the D.C. Circuit Court of Appeals on the same day. The district court denied the motion to stay pending appeal on July 24, citing its order granting summary judgment to show that the defendant was unlikely to succeed on the merits of its appeal. 

On July 21, the Court of Appeals granted an administrative stay. "The purpose of this administrative stay is to give the court sufficient opportunity to consider the motion for a stay pending appeal and should not be construed in any way as a ruling on the merits of that motion." The court ordered the parties to complete briefing on the request for a stay pending appeal by July 29. 

The case is ongoing. 

Summary Authors

Karma Karira (4/15/2025)

Jeremiah Price (6/17/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69801190/parties/slaughter-v-trump/


Attorney for Plaintiff

Agarwal, Amit (District of Columbia)

Berwick, Benjamin Leon (District of Columbia)

Attorney for Defendant

Attorney, Michael S.

Attorney, Daniel J.

Expert/Monitor/Master/Other

Blake, Julie Marie (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-00909

Complaint for Declaratory and Injunctive Relief

March 27, 2025

March 27, 2025

Complaint
27

1:25-cv-00909

Brief of Colorado, Hawai‘I, Illinois, Minnesota, Washington, Arizona, California, Connecticut, Delaware, District Of Columbia, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Wisconsin As Amici Curiae in Support Of Plaintiffs’ Motion For Expedited Summary Judgment

April 18, 2025

April 18, 2025

Pleading / Motion / Brief
51

1:25-cv-00909

Memorandum Opinion

July 17, 2025

July 17, 2025

Order/Opinion

2025 WL 1984396

1208759585

25-05261

Order

U.S. Court of Appeals for the District of Columbia Circuit

July 21, 2025

July 21, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69801190/slaughter-v-trump/

Last updated Aug. 23, 2025, 9:03 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 405 receipt number ADCDC-11571577) filed by REBECCA KELLY SLAUGHTER, ALVARO M. BEDOYA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Summons Donald J. Trump, # 4 Summons Andrew N. Ferguson, # 5 Summons Melissa Holyoak, # 6 Summons David B. Robbins, # 7 Summons U.S. Attorney General, # 8 Summons U.S. Attorney's Office for D.C.)(Berwick, Benjamin) (Entered: 03/27/2025)

1 Civil Cover Sheet

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2 Exhibit A

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3 Summons Donald J. Trump

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4 Summons Andrew N. Ferguson

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5 Summons Melissa Holyoak

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6 Summons David B. Robbins

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7 Summons U.S. Attorney General

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8 Summons U.S. Attorney's Office for D.C.

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March 27, 2025

March 27, 2025

Clearinghouse
2

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aaron Crowell, Filing fee $ 100, receipt number ADCDC-11575024. Fee Status: Fee Paid. by REBECCA KELLY SLAUGHTER, ALVARO M. BEDOYA. (Attachments: # 1 Declaration of Aaron Crowell, # 2 Exhibit - Certificate of Good Standing, # 3 Text of Proposed Order)(Berwick, Benjamin) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

PACER
3

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David Kimball-Stanley, Filing fee $ 100, receipt number ADCDC-11575084. Fee Status: Fee Paid. by REBECCA KELLY SLAUGHTER, ALVARO M. BEDOYA. (Attachments: # 1 Declaration of David Kimball-Stanley, # 2 Exhibit - Certificate of Good Standing, # 3 Text of Proposed Order)(Berwick, Benjamin) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

PACER
4

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gregory A. Clarick, Filing fee $ 100, receipt number ADCDC-11575150. Fee Status: Fee Paid. by REBECCA KELLY SLAUGHTER, ALVARO M. BEDOYA. (Attachments: # 1 Declaration of Gregory A. Clarick, # 2 Exhibit - Certificate of Good Standing, # 3 Text of Proposed Order)(Berwick, Benjamin) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

PACER
5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Beau Tremitiere, Filing fee $ 100, receipt number ADCDC-11575218. Fee Status: Fee Paid. by REBECCA KELLY SLAUGHTER, ALVARO M. BEDOYA. (Attachments: # 1 Declaration of Beau Tremitiere, # 2 Exhibit - Certificate of Good Standing, # 3 Text of Proposed Order)(Berwick, Benjamin) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

PACER

Case Assigned/Reassigned

March 28, 2025

March 28, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

March 28, 2025

March 28, 2025

PACER

Case Assigned to Judge Loren L. AliKhan. (zsl)

March 28, 2025

March 28, 2025

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Leave to Appear Pro Hac Vice 2, it is hereby ORDERED that the motion is GRANTED and AARON H. CROWELL is granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civ. R. 83.6(a). Click for Instructions. Signed by Judge Loren L. AliKhan on 3/28/2025. (lclla3)

March 28, 2025

March 28, 2025

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Leave to Appear Pro Hac Vice 3, it is hereby ORDERED that the motion is GRANTED and DAVID KIMBALL-STANLEY is granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civ. R. 83.6(a). Click for Instructions. Signed by Judge Loren L. AliKhan on 3/28/2025. (lclla3)

March 28, 2025

March 28, 2025

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Leave to Appear Pro Hac Vice 4, it is hereby ORDERED that the motion is GRANTED and GREGORY A. CLARICK is granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civ. R. 83.6(a). Click for Instructions. Signed by Judge Loren L. AliKhan on 3/28/2025. (lclla3)

March 28, 2025

March 28, 2025

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Leave to Appear Pro Hac Vice 5, it is hereby ORDERED that the motion is GRANTED and BEAU TREMITIERE is granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civ. R. 83.6(a). Click for Instructions. Because Mr. Tremitiere provided a business address within the District of Columbia but is not a member of the D.C. Bar, he is reminded that, pursuant to Local Civil Rule 83.2(e)(2) and its commentary, he must conform to the notice requirements set forth in D.C. Court of Appeals Rule 49(c)(3). Signed by Judge Loren L. AliKhan on 3/28/2025. (lclla3)

March 28, 2025

March 28, 2025

PACER
6

SUMMONS (6) Issued Electronically as to ANDREW N. FERGUSON, MELISSA HOLYOAK, DAVID B. ROBBINS, DONALD J. TRUMP, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(mg) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

RECAP
7

NOTICE of Appearance by Aaron Crowell on behalf of REBECCA KELLY SLAUGHTER, ALVARO M. BEDOYA (Crowell, Aaron) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

PACER
8

NOTICE of Appearance by Gregory A. Clarick on behalf of REBECCA KELLY SLAUGHTER, ALVARO M. BEDOYA (Clarick, Gregory) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

PACER
9

NOTICE of Appearance by David C. Kimball-Stanley on behalf of REBECCA KELLY SLAUGHTER, ALVARO M. BEDOYA (Kimball-Stanley, David) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

PACER
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amit Agarwal, Filing fee $ 100, receipt number ADCDC-11582923. Fee Status: Fee Paid. by REBECCA KELLY SLAUGHTER, ALVARO M. BEDOYA. (Attachments: # 1 Declaration of Amit Agarwal, # 2 Exhibit - Certificate of Good Standing, # 3 Text of Proposed Order)(Berwick, Benjamin) (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jared F. Davidson, Filing fee $ 100, receipt number ADCDC-11582971. Fee Status: Fee Paid. by REBECCA KELLY SLAUGHTER, ALVARO M. BEDOYA. (Attachments: # 1 Declaration of Jared F. Davidson, # 2 Exhibit - Certificate of Good Standing, # 3 Text of Proposed Order)(Berwick, Benjamin) (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

PACER
12

NOTICE of Appearance by Beau Tremitiere on behalf of REBECCA KELLY SLAUGHTER, ALVARO M. BEDOYA (Tremitiere, Beau) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 2, 2025

April 2, 2025

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Leave to Appear Pro Hac Vice 10, it is hereby ORDERED that the motion is GRANTED and AMIT AGARWAL is granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civ. R. 83.6(a). Click for Instructions. Signed by Judge Loren L. AliKhan on 4/2/2025. (lclla3)

April 2, 2025

April 2, 2025

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Leave to Appear Pro Hac Vice 11 it is hereby ORDERED that the motion is GRANTED and JARED F. DAVIDSON is granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civ. R. 83.6(a). Click for Instructions. Signed by Judge Loren L. AliKhan on 4/2/2025. (lclla3)

April 2, 2025

April 2, 2025

PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/31/2025. Answer due for ALL FEDERAL DEFENDANTS by 5/30/2025. (Tremitiere, Beau) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

PACER
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANDREW N. FERGUSON served on 4/7/2025 (Tremitiere, Beau) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

PACER
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MELISSA HOLYOAK served on 4/7/2025 (Tremitiere, Beau) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

PACER
16

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID B. ROBBINS served on 4/7/2025 (Tremitiere, Beau) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

PACER
17

NOTICE of Appearance by Jared F. Davidson on behalf of ALVARO M. BEDOYA, REBECCA KELLY SLAUGHTER (Davidson, Jared) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
18

NOTICE of Appearance by Amit Agarwal on behalf of ALVARO M. BEDOYA, REBECCA KELLY SLAUGHTER (Agarwal, Amit) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
19

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 4/10/2025 (Tremitiere, Beau) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER
20

MOTION for Summary Judgment, MOTION to Expedite by ALVARO M. BEDOYA, REBECCA KELLY SLAUGHTER. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Rebecca Kelly Slaughter, # 4 Declaration of Alvaro M. Bedoya, # 5 Text of Proposed Order)(Crowell, Aaron) (Entered: 04/11/2025)

1 Statement of Facts

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2 Memorandum in Support

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3 Declaration of Rebecca Kelly Slaughter

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4 Declaration of Alvaro M. Bedoya

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5 Text of Proposed Order

View on PACER

April 11, 2025

April 11, 2025

RECAP
21

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/7/2025. (Tremitiere, Beau) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER
22

NOTICE of Appearance by Alexander William Resar on behalf of All Defendants (Resar, Alexander) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
23

Consent MOTION for Leave to File Amicus Briefof Members of Congress by CORY A. BOOKER, CHARLES E. SCHUMER, RICHARD J. DURBIN, MARIA CANTWELL, ELIZABETH WARREN, AMY KLOBUCHAR, ANGELA ALSOBROOKS, TAMMY BALDWIN, MICHAEL F. BENNET, RICHARD BLUMENTHAL, LISA BLUNT ROCHESTER, CHRISTOPHER A. COONS, CATHERINE CORTEZ MASTO, TAMMY DUCKWORTH, JOHN FETTERMAN, KIRSTEN GILLIBRAND, MARGARET WOOD HASSAN, JOHN W. HICKENLOOPER, MAZIE K. HIRONO, TIM KAINE, Andy Kim, BEN RAY LUJAN, EDWARD J. MARKEY, JEFFREY A. MERKLEY, PATTY MURRAY, ALEX PADILLA, GARY C. PETERS, JACK REED, JACKY ROSEN, BERNARD SANDERS, BRIAN SCHATZ, ADAM B. SCHIFF, JEANNE SHAHEEN, ELISSA SLOTKIN, TINA SMITH, CHRIS VAN HOLLEN, MARK WARNER, RAPHAEL WARNOCK, PETER WELCH, SHELDON WHITEHOUSE, RON WYDEN, JAMIE RASKIN, FRANK PALLONE, JR., HAKEEM JEFFRIES, KATHERINE CLARK, PETE AGUILAR, JOE NEGUSE, ROSA L. DELAURO, GERALD E. CONNOLLY, GABE AMO. (Attachments: # 1 Exhibit Proposed Amici Curiae Brief, # 2 Text of Proposed Order)(Gorod, Brianne) (Entered: 04/14/2025)

1 Exhibit Proposed Amici Curiae Brief

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2 Text of Proposed Order

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April 14, 2025

April 14, 2025

PACER
24

Joint STATUS REPORT and Proposed Briefing Schedules by ANDREW N. FERGUSON, MELISSA HOLYOAK, DAVID B. ROBBINS, DONALD J. TRUMP. (Resar, Alexander) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

RECAP
25

AMICUS BRIEF by PETE AGUILAR, ANGELA ALSOBROOKS, GABE AMO, TAMMY BALDWIN, MICHAEL F. BENNET, RICHARD BLUMENTHAL, LISA BLUNT ROCHESTER, CORY A. BOOKER, MARIA CANTWELL, KATHERINE CLARK, GERALD E. CONNOLLY, CHRISTOPHER A. COONS, CATHERINE CORTEZ MASTO, ROSA L. DELAURO, TAMMY DUCKWORTH, RICHARD J. DURBIN, JOHN FETTERMAN, KIRSTEN GILLIBRAND, MARGARET WOOD HASSAN, JOHN W. HICKENLOOPER, MAZIE K. HIRONO, HAKEEM JEFFRIES, TIM KAINE, ANDY KIM, AMY KLOBUCHAR, BEN RAY LUJAN, EDWARD J. MARKEY, JEFFREY A. MERKLEY, PATTY MURRAY, JOE NEGUSE, ALEX PADILLA, FRANK PALLONE, JR., GARY C. PETERS, JAMIE RASKIN, JACK REED, JACKY ROSEN, BERNARD SANDERS, BRIAN SCHATZ, ADAM B. SCHIFF, CHARLES E. SCHUMER, JEANNE SHAHEEN, ELISSA SLOTKIN, TINA SMITH, CHRIS VAN HOLLEN, MARK WARNER, RAPHAEL WARNOCK, ELIZABETH WARREN, PETER WELCH, SHELDON WHITEHOUSE, RON WYDEN. (mg) (Entered: 04/15/2025)

April 14, 2025

April 14, 2025

RECAP

Status Report Order

April 14, 2025

April 14, 2025

PACER

MINUTE ORDER: It is hereby ORDERED that the parties shall meet and confer and file a joint status report proposing a summary-judgment briefing schedule on or before April 16, 2025. Signed by Judge Loren L. AliKhan on 4/14/2025. (lclla3)

April 14, 2025

April 14, 2025

PACER

Scheduling Order AND Terminate Deadlines

April 14, 2025

April 14, 2025

PACER

Order on Motion for Leave to File Amicus Brief

April 14, 2025

April 14, 2025

PACER

Scheduling Order

April 14, 2025

April 14, 2025

PACER

MINUTE ORDER: Upon consideration of Members of Congress's Motion for Leave to File an Amicus Brief 23, it is hereby ORDERED that the motion is GRANTED. The Clerk of Court shall docket ECF No. 23-1 as the Members of Congress's Amicus Brief. Signed by Judge Loren L. AliKhan on 4/14/2025. (lclla3)

April 14, 2025

April 14, 2025

PACER

MINUTE ORDER: Upon consideration of the parties' Joint Status Report 24, it is hereby ORDERED that the following briefing schedule shall govern the remainder of summary judgment briefing in this case: (1) Defendants shall file their opposition and cross-motion for summary judgment on or before April 23, 2025; (2) Plaintiffs shall file their reply and opposition to Defendants' cross-motion for summary judgment on or before May 5, 2025; and (3) Defendants shall file their reply in support of their cross-motion for summary judgment on or before May 12, 2025. It is further ORDERED that the parties shall appear for a hearing on the cross-motions for summary judgment on May 20, 2025 at 2:00 p.m. in Courtroom 21. Signed by Judge Loren L. AliKhan on 4/14/2025. (lclla3)

April 14, 2025

April 14, 2025

PACER
26

Consent MOTION for Leave to File Amicus Brief by JED HANDELSMAN SHUGERMAN. (Attachments: # 1 Exhibit Proposed Amicus Curiae Brief, # 2 Text of Proposed Order)(Griffin, Richard) (Entered: 04/17/2025)

1 Exhibit Proposed Amicus Curiae Brief

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2 Text of Proposed Order

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April 17, 2025

April 17, 2025

PACER
27

AMICUS BRIEF by the States of Colorado, Hawai'i, Illinois, Minnesota, Washington, Arizona, California, Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Wisconsin by STATE OF COLORADO. (Moskowitz, David) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

Clearinghouse
28

Consent MOTION for Leave to File Amicus Briefof Professors John C. Coates, Jeffrey N. Gordon, Kathryn Judge, and Lev Menand by JOHN C. COATES, JEFFREY N. GORDON, KATHRYN JUDGE, LEV MENAND. (Attachments: # 1 Exhibit Proposed Amici Curiae Brief, # 2 Text of Proposed Order)(Hirsch, Steven) (Entered: 04/18/2025)

1 Exhibit Proposed Amici Curiae Brief

View on PACER

2 Text of Proposed Order

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April 18, 2025

April 18, 2025

PACER
29

AMICUS BRIEF by JED HANDELSMAN SHUGERMAN. (mg) (Entered: 04/22/2025)

April 21, 2025

April 21, 2025

RECAP
30

AMICUS BRIEF by JOHN C. COATES, JEFFREY N. GORDON, KATHRYN JUDGE, LEV MENAND. (mg) (Entered: 04/22/2025)

April 21, 2025

April 21, 2025

RECAP

MINUTE ORDER: Upon consideration of Professor Jed H. Shugerman's Consent Motion for Leave to File an Amicus Brief 26, it is hereby ORDERED that the motion is GRANTED. The Clerk of Court shall docket ECF No. 26-1 as Professor Jed H. Shugerman's Amicus Brief. Signed by Judge Loren L. AliKhan on 4/21/2025. (lclla3)

April 21, 2025

April 21, 2025

PACER

Order on Motion for Leave to File Amicus Brief

April 21, 2025

April 21, 2025

PACER

MINUTE ORDER: Upon consideration of Professors John C. Coates, Jeffrey N. Gordon, Kathryn Judge, and Lev Menand's Consent Motion for Leave to File an Amicus Brief 28, it is hereby ORDERED that the motion is GRANTED. The Clerk of Court shall docket ECF No. 28-1 as the Professors' Amicus Brief. Signed by Judge Loren L. AliKhan on 4/21/2025. (lclla3)

April 21, 2025

April 21, 2025

PACER
31

NOTICE of Appearance by Emily Margaret Hall on behalf of All Defendants (Hall, Emily) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER
32

Cross MOTION for Summary Judgment by ANDREW N. FERGUSON, MELISSA HOLYOAK, DAVID B. ROBBINS, DONALD J. TRUMP. (Attachments: # 1 Memorandum in Support of Defendants' Cross-Motion for Summary Judgment and in Opposition to Plaintiffs' Motion for Summary Judgment, # 2 Defendants' Statement of Undisputed Material Facts and Response to Plaintiffs' Statement of Material Facts, # 3 Proposed Order)(Resar, Alexander) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER
33

Memorandum in opposition to re 20 MOTION for Summary Judgment MOTION to Expedite filed by ANDREW N. FERGUSON, MELISSA HOLYOAK, DAVID B. ROBBINS, DONALD J. TRUMP. (Resar, Alexander) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

RECAP
34

AMICUS BRIEF in Support of Defendants and in Opposition to Plaintiffs' Motion for Summary Judgment by STATE OF FLORIDA. (DeSousa, Jeffrey) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

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35

Unopposed MOTION for Leave to File Amicus Briefin Support of Defendants' Motion for Summary Judgment by CHRISTIAN EMPLOYERS ALLIANCE. (Attachments: # 1 Exhibit 1 - Proposed Amicus Brief in Support of Defendants' Motion for Summary Judgment, # 2 Text of Proposed Order Granting Motion for Leave to File an Amicus Brief)(Bowman, Matthew) Modified on 5/1/2025, pursuant to counsel (mg). (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
36

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Erin M. Hawley, Filing fee $ 100, receipt number ADCDC-11657207. Fee Status: Fee Paid. by CHRISTIAN EMPLOYERS ALLIANCE. (Attachments: # 1 Declaration for Pro Hac Vice Admission of Erin M. Hawley, # 2 Exhibit 1 - Certificate of Good Standing, # 3 Text of Proposed Order Granting Motion for Admission Pro Hac Vice of Erin M. Hawley)(Bowman, Matthew) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
37

AMICUS BRIEF by CHRISTIAN EMPLOYERS ALLIANCE. (mg) (Entered: 05/02/2025)

May 1, 2025

May 1, 2025

RECAP

Order on Motion for Leave to Appear Pro Hac Vice

May 1, 2025

May 1, 2025

PACER

MINUTE ORDER: Upon consideration of Christian Employers Alliance's Motion for Leave to Appear Pro Hac Vice 36, it is hereby ORDERED that the motion is GRANTED and ERIN M. HAWLEY is granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civ. R. 83.6(a). Click for Instructions. Signed by Judge Loren L. AliKhan on 5/1/2025. (lclla3)

May 1, 2025

May 1, 2025

PACER

Order on Motion for Leave to File Amicus Brief

May 1, 2025

May 1, 2025

PACER

MINUTE ORDER: Upon consideration of Christian Employers Alliance's Unopposed Motion for Leave to File an Amicus Brief 35, it is hereby ORDERED that the motion is GRANTED. The Clerk of Court shall docket ECF No. 35-1 as Christian Employers Alliance's Amicus Brief. Signed by Judge Loren L. AliKhan on 5/1/2025. (lclla3)

May 1, 2025

May 1, 2025

PACER
38

REPLY to opposition to motion re 20 Motion for Summary Judgment,, Motion to Expedite, filed by ALVARO M. BEDOYA, REBECCA KELLY SLAUGHTER. (Crowell, Aaron) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

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39

Memorandum in opposition to re 32 Cross MOTION for Summary Judgment filed by ALVARO M. BEDOYA, REBECCA KELLY SLAUGHTER. (Crowell, Aaron) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

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40

NOTICE of Appearance by Erin Morrow Hawley on behalf of CHRISTIAN EMPLOYERS ALLIANCE (Hawley, Erin) (Entered: 05/06/2025)

May 6, 2025

May 6, 2025

PACER
41

NOTICE of Appearance by Julie Marie Blake on behalf of CHRISTIAN EMPLOYERS ALLIANCE (Blake, Julie) (Entered: 05/06/2025)

May 6, 2025

May 6, 2025

PACER
42

NOTICE of Appearance by Natalie Thompson on behalf of CHRISTIAN EMPLOYERS ALLIANCE (Thompson, Natalie) (Entered: 05/06/2025)

May 6, 2025

May 6, 2025

PACER
43

REPLY to opposition to motion re 32 Motion for Summary Judgment, filed by ANDREW N. FERGUSON, MELISSA HOLYOAK, DAVID B. ROBBINS, DONALD J. TRUMP. (Resar, Alexander) (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

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.Order

May 13, 2025

May 13, 2025

PACER

MINUTE ORDER: The court will provide access for the public to telephonically attend the motions hearing scheduled for May 20, 2025 at 2:00 p.m. The hearing can be accessed by dialing the Toll Free Number: 833-990-9400 (Meeting ID: 715234770). It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. Signed by Judge Loren L. AliKhan on 5/13/2025. (lclla3)

May 13, 2025

May 13, 2025

PACER

Order

May 13, 2025

May 13, 2025

PACER

Minute Entry for MOTIONS HEARING held on 5/20/2025 before Judge Loren L. AliKhan: The matter comes before the court for a Motions Hearing on Plaintiffs' Motion 20 for Expedited Summary Judgment and Defendants' Cross-Motion 32 for Summary Judgment. Aaron Crowell, Amit Agarwal, David C. Kimball-Stanley, and Gregory A. Clarick present on behalf of Plaintiffs. Emily M. Hall and Christopher Hall present on behalf of Defendants. The matters were fully briefed, argued, and taken under advisement. (Court Reporter Jeffrey Hook)(mhp)

May 20, 2025

May 20, 2025

PACER

1 - Terminate Motion and R&R Deadlines/Hearings AND 1 - Terminate Scheduling Order Deadlines AND 1 - Terminate Trial Management Order Deadlines AND Motion Hearing

May 20, 2025

May 20, 2025

PACER
44

NOTICE OF SUPPLEMENTAL AUTHORITY by ANDREW N. FERGUSON, MELISSA HOLYOAK, DAVID B. ROBBINS, DONALD J. TRUMP (Attachments: # 1 Exhibit A)(Resar, Alexander) (Entered: 05/22/2025)

1 Exhibit A

View on PACER

May 22, 2025

May 22, 2025

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45

RESPONSE re 44 NOTICE OF SUPPLEMENTAL AUTHORITY filed by ALVARO M. BEDOYA, REBECCA KELLY SLAUGHTER. (Crowell, Aaron) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

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46

NOTICE of Factual Development by ALVARO M. BEDOYA, REBECCA KELLY SLAUGHTER (Attachments: # 1 Declaration Supplemental Declaration of A. Bedoya)(Crowell, Aaron) (Entered: 06/09/2025)

1 Declaration Supplemental Declaration of A. Bedoya

View on RECAP

June 9, 2025

June 9, 2025

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.Order AND ~Util - Set/Reset Deadlines

June 11, 2025

June 11, 2025

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' Notice of Factual Development 46, it is hereby ORDERED that the parties shall submit supplemental briefs, not to exceed ten substantive pages each, addressing Mr. Bedoya's standing to seek relief in this matter, on or before June 18, 2025. Signed by Judge Loren L. AliKhan on 6/11/2025. (lclla3)

June 11, 2025

June 11, 2025

PACER
47

NOTICE of Appearance by Laurence M. Schwartztol on behalf of All Plaintiffs (Schwartztol, Laurence) (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

PACER
47

NOTICE of Appearance by Laurence M. Schwartztol on behalf of All Plaintiffs (Schwartztol, Laurence) (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

PACER
48

SUPPLEMENTAL MEMORANDUM to re Order,, Set Deadlines, filed by ALVARO M. BEDOYA, REBECCA KELLY SLAUGHTER. (Crowell, Aaron) (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

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48

SUPPLEMENTAL MEMORANDUM to re Order,, Set Deadlines, filed by ALVARO M. BEDOYA, REBECCA KELLY SLAUGHTER. (Crowell, Aaron) (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

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49

SUPPLEMENTAL MEMORANDUM to re Order,, Set Deadlines, filed by ANDREW N. FERGUSON, MELISSA ANN HOLYOAK, DAVID B. ROBBINS, DONALD J. TRUMP. (Resar, Alexander) (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

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49

SUPPLEMENTAL MEMORANDUM to re Order,, Set Deadlines, filed by ANDREW N. FERGUSON, MELISSA ANN HOLYOAK, DAVID B. ROBBINS, DONALD J. TRUMP. (Resar, Alexander) (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

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50

Transcript

July 7, 2025

July 7, 2025

PACER
50

TRANSCRIPT OF MOTIONS HEARING before Judge Loren L. AliKhan held on May 20, 2025. Page Numbers: 1 - 137. Date of Issuance: July 7, 2025. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/28/2025. Redacted Transcript Deadline set for 8/7/2025. Release of Transcript Restriction set for 10/5/2025.(Hook, Jeff) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

PACER
50

TRANSCRIPT OF MOTIONS HEARING before Judge Loren L. AliKhan held on May 20, 2025. Page Numbers: 1 - 137. Date of Issuance: July 7, 2025. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/28/2025. Redacted Transcript Deadline set for 8/7/2025. Release of Transcript Restriction set for 10/5/2025.(Hook, Jeff) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

PACER
51

MEMORANDUM OPINION regarding Plaintiffs' Motion for Summary Judgment 20 and Defendants' Cross-Motion for Summary Judgment 32 . See opinion for details. Signed by Judge Loren L. AliKhan on 7/17/2025. (lclla3) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

Clearinghouse
52

ORDER: For the reasons explained in the court's Memorandum Opinion 51, it is hereby ORDERED that Plaintiff Alvaro Bedoya's claims are DISMISSED without prejudice; Plaintiff Rebecca Slaughter's Motion for Summary Judgment 20 is GRANTED; and Defendants' Cross-Motion for Summary Judgment 32 is DENIED. This order constitutes a final judgment of the court within the meaning of Rule 58(a) of the Federal Rules of Civil Procedure. The Clerk of Court is directed to terminate the case. See order for details. Signed by Judge Loren L. AliKhan on 7/17/2025. (lclla3) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

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53

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 51 Memorandum & Opinion, 52 Order on Motion for Summary Judgment,,,,,, Order on Motion to Expedite,, by DAVID B. ROBBINS, DONALD J. TRUMP, ANDREW N. FERGUSON, MELISSA ANN HOLYOAK. Fee Status: No Fee Paid. Parties have been notified. (Hall, Emily) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

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54

MOTION to Stay re 51 Memorandum & Opinion, 52 Order on Motion for Summary Judgment,,,,,, Order on Motion to Expedite,, by ANDREW N. FERGUSON, MELISSA ANN HOLYOAK, DAVID B. ROBBINS, DONALD J. TRUMP. (Hall, Emily) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

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55

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 53 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

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USCA Case Number 25-5261 for 53 Notice of Appeal to DC Circuit Court, filed by DAVID B. ROBBINS, MELISSA ANN HOLYOAK, DONALD J. TRUMP, ANDREW N. FERGUSON. (mg)

July 18, 2025

July 18, 2025

PACER

.Order AND ~Util - Set/Reset Deadlines

July 20, 2025

July 20, 2025

PACER

MINUTE ORDER: Upon consideration of Defendants' Motion to Stay Order Pending Appeal 54, it is hereby ORDERED that Plaintiff Rebecca Slaughter shall file her opposition to the motion on or before noon on July 22, 2025, and Defendants shall file their reply on or before noon on July 23, 2025. Signed by Judge Loren L. AliKhan on 7/20/2025. (lclla3)

July 20, 2025

July 20, 2025

PACER

USCA Case Number

July 21, 2025

July 21, 2025

PACER
56

Memorandum in opposition to re 54 MOTION to Stay re 51 Memorandum & Opinion, 52 Order on Motion for Summary Judgment,,,,,, Order on Motion to Expedite,, filed by REBECCA KELLY SLAUGHTER. (Crowell, Aaron) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

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57

Reply to opposition to motion

July 23, 2025

July 23, 2025

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58

ORDER denying Defendants' Motion to Stay Pending Appeal 54 . See order for details. Signed by Judge Loren L. AliKhan on 7/24/2025. (lclla3) Modified on 7/29/2025 (mhp)

July 24, 2025

July 24, 2025

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Appointments/Civil Service)

Key Dates

Filing Date: March 27, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Democratic FTC Commissioners removed by the President

Attorney Organizations:

Protect Democracy

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States of America (District of Columbia, - United States (national) -), Federal

Federal Trade Commission (District of Columbia, - United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Separation of Powers

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Reinstatement

Order Duration: 2025 - None

Issues

Presidential/Gubernatorial Authority:

Appointment Authority

Civil Service