On December 8, 2025, the Justices heard oral argument in Trump v. Slaughter (No. 25-332). The Supreme Court plans to decide (1) whether the statutory removal protections for independent, multi-member federal agencies violate the separation of powers (and, if so, whether the Supreme Court should sack its 1935 decision in Humphrey’s Executor v. United States) and (2) whether the judiciary has the power to prevent one’s removal from public office.

Continue Reading Supreme Court To Determine Whether the President Can Remove Members of Multi-Member Federal Agencies

On May 15, 2025, the Supreme Court heard oral argument on three related emergency applications—Trump v. CASA, Inc.(No. 24A884); Trump v. Washington (No. 24A885); and Trump v. New Jersey (No. 24A886)—arising from President Trump’s January 20, 2025, executive order restricting birthright citizenship. As Dykema previously reported, the case raises a critical legal question: whether a federal district court may issue nationwide, or “universal,” injunctions and, if so, under what legal framework such relief is justified.

Continue Reading Supreme Court Hears Argument on Nationwide Scope of Injunction