Appeals Court Reinstates Fired FTC Commissioner Slaughter
Court cites 1935 Supreme Court precedent protecting FTC commissioners
A federal appeals court has ordered the temporary reinstatement of Rebecca Kelly Slaughter to her position as Federal Trade Commission commissioner. The ruling, issued Tuesday in a 2-1 decision, dissolved a previous emergency stay that had blocked her return to office. The court cited a 1935 Supreme Court precedent that protects FTC commissioners from presidential removal except under specific circumstances.
President Donald Trump had dismissed Slaughter and fellow Democratic commissioner Alvaro Bedoya in March 2025. Following the dismissals, Slaughter pursued legal action, with a lower district court initially ordering her reinstatement on July 21. The Justice Department subsequently obtained an emergency stay, which has now been lifted by the appeals court. The court also denied the administration's request to expedite the appeals process.
KEY POINTS
- •Appeals court reinstates FTC commissioner
- •Trump fired two Democratic commissioners
- •Court cites 1935 Supreme Court precedent
The FTC, established 111 years ago, enforces consumer protection and antitrust laws through a five-member commission with no more than three commissioners permitted from the same political party. Under the previous administration, the commission had pursued several major cases, including actions regarding the Microsoft-Activision Blizzard merger and Kroger's acquisition of Albertsons. The current legal dispute centers on statutory limitations to presidential authority over independent regulatory agencies.
In her statement following the ruling, Slaughter expressed eagerness to resume her duties at the commission. Meanwhile, Bedoya, who was also removed from his position in March, announced his formal resignation from the FTC in June. The court's decision represents a setback to the administration's efforts to restructure certain regulatory agencies, which have included similar actions directed at other government oversight bodies.
The legal battle highlights ongoing tensions regarding the independence of federal regulatory agencies from executive control. The appeals court's ruling specifically referenced that the government had "no likelihood of success on appeal" given the controlling Supreme Court precedent that limits presidential authority to remove FTC commissioners without cause. This case may have broader implications for the relationship between the executive branch and independent regulatory bodies.