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Emergency application

President's power to fire officials

Donald J. Trump, President of the United States v. Rebecca Kelly Slaughter

Granted
No. 25A264Stay applicationFiled by the federal governmentPresented to The Chief JusticeFrom United States Court of Appeals for the District of Columbia Circuit

What did the Court do?

The Court granted the request on September 22, 2025: the lower court's ruling is on hold while the appeal continues.

Emergency rulings are temporary and do not decide the underlying case. Justice Kagan, Justice Sotomayor, and Justice Jackson would have ruled the other way.

Filed Ruled 18 days after filing

What's being asked

The federal government asks the Supreme Court to pause the district court order requiring Federal Trade Commissioner Rebecca Kelly Slaughter’s reinstatement. The dispute concerns President Trump’s firing of Slaughter without cause; the government says he may remove FTC commissioners at will. The government also asks the Court to hear the case before the D.C. Circuit finishes its appeal.

What the Court did

The Court gave the government emergency help, putting the district court’s July 17 order on hold (granted a stay, a temporary pause). It agreed to hear the case early (granted certiorari before judgment, or Supreme Court review before the appeals court rules), without deciding the questions. Justice Kagan dissented (disagreed with the result); Justices Sotomayor and Jackson joined her dissent (signed on to her writing).

  • Dissented
  • Wrote separately
  • Vote not published
Dissenting · 3recorded against the Court's order
  1. Sotomayorjoined Kagan's writing
  2. Kaganwrote a dissent
  3. Jacksonjoined Kagan's writing
Vote not published · 6the order does not say how they voted
  1. Roberts
  2. Thomas
  3. Alito
  4. Gorsuch
  5. Kavanaugh
  6. Barrett
The order records the positions of 3 of 9 justices. The Court usually does not say how each justice voted on an emergency application, so the rest are shown as not published.
Half of 300 rulings on applications decided without a response came 8 to 28 days after filing, and the median was 14 days; this one was ruled on 18 days after filing.

What it means

The temporary pause does not decide who wins, and lasts until the Supreme Court issues its judgment. The order does not say whether proceedings continue in the D.C. Circuit. Related Supreme Court case No. 25-332 is set for argument in December 2025.

Separate writings

  • Justice Kagan, joined by Justice Sotomayor and Justice Jackson, dissenting

    Read (PDF)

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 25A264. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 4, 2026