The questions at issue are as follows: “(1) Whether the statutory removal protections for members of the Federal Trade Commission violate the separation of powers and, if so, whether Humphrey’s Executor v. United States, 295 U.S. 602 (1935), should be overruled. (2) Whether a federal court may prevent a person’s removal from public office, either through relief at equity or at law.”
Although the administration removed the two Democratic Commissioners in March and both had challenged the action, Commissioner Alvaro Bedoya formally resigned in June. Therefore, the current case involves only Commissioner Slaughter. At this time, the FTC is operating with three Republican Commissioners, and even before the ongoing government shutdown started, there did not seem to be any movement to fill either of the two vacancies.