The latest development in the ongoing legal saga regarding the scope of presidential authority to fire officials at various independent federal agencies occurred on September 22, 2025, when the Supreme Court of the United States (SCOTUS or the Court) granted a stay of the reinstatement of Rebecca Slaughter, a former commissioner at the Federal Trade
SCOTUS
Supreme Court Requires Plaintiffs to Show Harm or Risk of Harm, Not Bare Procedural Violation, to Get Statutory Damages
Last year, we noted that the Supreme Court had granted certiorari in a case that could limit the ability of plaintiffs to sue defendants over bare statutory violations without the showing of actual injury. The case implicates a wide variety of statutes that grant monetary awards to successful plaintiffs on…
High Court to Decide If Congress Can Let Consumers Sue Over Publication of Inaccurate Personal Information Without Concrete Damages
The Supreme Court of the United States granted certiorari late last month in a case with important implications for consumer privacy and for the ability of Congress generally to create wholly new protections for consumers. Plaintiffs must always show that they have standing – a legally-protected interest that allegedly has been violated – before a…
Not-So-Voluntary Standards? SCOTUS Considers Constitutional Concerns About Key Regulatory Tool, Public-Private Development Process
The Supreme Court heard a case earlier this month that could have a big impact on businesses in many areas regulated by federal agencies that use voluntary standards. In U.S. Department of Transportation v. Association of American Railroads, the Supreme Court is considering a D.C. Circuit decision that invalidated a law that gives Amtrak …
