Trump can’t fire FTC commissioners just because he wants to, judges rule

In a significant ruling, an appeals court has reinstated Rebecca Kelly Slaughter as a commissioner of the Federal Trade Commission (FTC) after she was dismissed by President Trump. The U.S. Court of Appeals for the District of Columbia Circuit determined that Trump's action violated established Supreme Court precedent. This decision follows a previous ruling by a District Court in July, which had reached the same conclusion. However, Slaughter's return to her position was delayed due to an administrative stay that had been in place. With the appeals court's recent ruling, this stay has been lifted, allowing her to resume her duties. The three-judge panel ruled 2-1 against the U.S. government's request for an extended stay while an appeal is considered. The majority opinion emphasized that the government had little chance of success based on existing Supreme Court rulings. They cited a landmark 1935 case, Humphrey's Executor v. United States, which established that the president could only remove FTC commissioners for specific reasons such as inefficiency or malfeasance. Trump's termination notices to Slaughter and fellow Democrat Alvaro Bedoya claimed their continued roles were at odds with his administration's priorities. However, the panel's ruling highlighted that nearly a century ago, the Supreme Court affirmed the constitutionality of protections that prevent the arbitrary removal of FTC commissioners. The ruling stressed that adherence to precedents like Humphrey's Executor is crucial in legal judgments, and granting a stay would contradict established Supreme Court decisions. As the situation stands, Slaughter is set to return to work, while the case may potentially escalate to the Supreme Court for further review.