In a significant development, a federal appeals court in Washington, D.C., has ruled that President Donald Trump’s attempt to remove FTC Commissioner Rebecca Slaughter was unlawful, allowing her to return to her position. The decision, issued as a 2-1 order by a three-judge panel, found that Trump’s firing of Slaughter violated Supreme Court precedent.
The case has drawn attention to the broader legal debate surrounding a president’s power to remove officials from independent federal agencies. Slaughter, a Biden appointee, was initially fired by Trump in his first month in office. She was later rehired after a lower court determined Trump’s removal was unlawful, but a temporary pause on that ruling led to her re-firing. The appeals court panel ultimately ruled to lift that pause, allowing her to resume her duties.
Justice Neomi Rao, the Trump appointee on the panel, dissented, arguing that the case was fundamentally similar to previous instances where the Supreme Court had temporarily allowed such firings. The Department of Justice had argued for the court to maintain the temporary stay, citing recent Supreme Court decisions that had allowed similar actions in other agencies. However, the appeals court panel rejected that position, reinforcing the importance of following established legal precedents.
This ruling reinforces the principle that independent agencies like the FTC have certain protections against executive overreach. The Supreme Court’s 1935 decision in Humphrey’s Executor v. United States established that firing commissioners without cause during their terms was illegal. Legal scholars suggest that the current conservative-leaning Supreme Court may be re-examining this precedent, as seen in recent cases involving other agencies.
Slaughter has vowed to continue her legal battle against the Trump administration, while the other ousted FTC member, Alvaro Bedoya, has since resigned. Slaughter expressed her relief that the court had recognized Trump’s actions were not above the law and emphasized her determination to continue her work on behalf of the American people.