Court blocks Trump from firing Biden-appointed FTC commissioner
A Federal Appeals Court Allows Biden-Appointed FTC Commissioner to Keep Her Job
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In a recent ruling, a federal appeals court in Washington, D.C., has allowed a Biden-appointed member of the Federal Trade Commission to retain her position amidst a lawsuit surrounding former President Donald Trump’s authority to dismiss members of independent agencies without cause.
The three-judge panel upheld a lower court’s decision that Trump had unlawfully terminated FTC Commissioner Rebecca Slaughter, citing Supreme Court precedent that was in direct conflict with the firing.
The panel stated in an order, “The government has no likelihood of success on appeal given controlling and directly on point Supreme Court precedent.”
Slaughter had been initially fired by Trump upon taking office, reinstated following a favorable ruling by Judge Loren AliKhan, and then terminated again when the appellate court temporarily halted Ali Khan’s decision.
FTC Firings Take Spotlight in Trump’s Fight to Erase Independence of Agencies
Federal Trade Commission Commissioners Rebecca Kelly Slaughter (left) chats with Alvaro Bedoya (right) before FTC Chair Lina Khan testifies during a House Judiciary Committee hearing in the Rayburn House Office Building on Capitol Hill in Washington, DC on July 13, 2023. (Shuran Huang for The Washington Post via Getty Images)
The appellate court, consisting of two Obama appointees and one Trump appointee, has lifted the temporary pause, allowing Slaughter to resume her duties. The Trump administration has the option to appeal the ruling.
Department of Justice attorneys had sought a stay from the appellate court, citing a recent Supreme Court decision in a similar case involving other independent agencies.
The attorneys argued, “The court’s reinstatement of a principal officer of the United States—in defiance of recent Supreme Court precedent staying similar reinstatements in other cases—works a grave harm to the separation of powers and the President’s ability to exercise his authority under the Constitution.”
This is a developing story. Stay tuned for further updates.
