Court Ruling Upholds FTC Commissioner’s Position Amid Trump Administration’s Legal Battle
A federal appeals court in Washington, D.C., ruled on Tuesday that Rebecca Slaughter, a member of the Federal Trade Commission (FTC) appointed by President Biden, can remain in her position for now. This decision comes as a result of ongoing legal questions surrounding President Donald Trump’s ability to dismiss commissioners from independent agencies without cause.
The three-judge panel, with a 2-1 vote, sided with a lower court that previously determined Trump had unlawfully fired Slaughter. Both the panel and the lower court referenced Supreme Court precedents in their ruling, asserting that the government is unlikely to succeed in any appeal against this decision.
“The court’s job is not to defy established precedents,” the panel wrote, emphasizing the significance of following the law.
Slaughter’s employment situation has been tumultuous since Trump took office. She was initially fired, then reinstated after a favorable ruling by Judge Loren AliKhan. However, shortly afterward, the appellate court temporarily halted her reinstatement until the current ruling.
The Trump administration now has the option to appeal this latest decision to the full appellate court or even to the Supreme Court. A spokesperson for the Department of Justice confirmed that they plan to take this route.
Among the judges, Trump-appointed Judge Neomi Rao dissented, suggesting that the balance of interests at stake in this case is similar to other cases where the Supreme Court allowed similar firings to proceed under the previous administration.
The Justice Department argued for the reinstatement of Slaughter’s firing. They noted that the Supreme Court has sided with the Trump administration in past decisions regarding firings from independent agencies, which typically enjoy some protection from dismissal.
Attorneys for the government expressed concern, stating that the court’s decision undermines the President’s power to manage independent agencies as outlined in the Constitution.
The legal debate at the heart of this situation links back to a ruling from nearly 90 years ago, where the Supreme Court ruled against President Franklin D. Roosevelt’s firing of an FTC commissioner. This precedent makes it clear that independence agencies cannot be dismissed without cause during their terms.
While the Supreme Court has allowed some of Trump’s earlier firings to proceed while legal challenges continue, the Slaughter case presents a direct challenge to the ruling established in the past. This scenario raises questions about whether the current Supreme Court, known for its conservative leanings, might reconsider or narrow the previously upheld decision about presidential powers over independent agencies.
Slaughter expressed optimism about her return to the FTC, saying she looks forward to continuing her work for the American people. In contrast, fellow ousted FTC member Alvaro Bedoya has resigned.
This situation underscores the ongoing tensions between different administrations and the role of independent agencies in the U.S. government, raising impactful discussions around the balance of power.
