Court Ruling Reverses Trump's Removal of FTC Commissioner
A federal appeals court has reinstated Rebecca Kelly Slaughter as a commissioner of the Federal Trade Commission (FTC), ruling that her firing by President Donald J. Trump was illegal. In a 2-1 decision by the D.C. Circuit panel on September 2, the court determined that Slaughter, a Democratic appointee, was protected from removal without cause under existing law. The majority opinion stated, 'The government is not likely to succeed on appeal,' highlighting the strength of the legal protections for FTC commissioners.
This ruling marks a significant moment in the ongoing tension between presidential authority and the independence of federal agencies like the FTC. Slaughter's reinstatement comes after months of legal battles, with the court emphasizing that commissioners cannot be dismissed at will by a president. The decision is seen as a win for those advocating for the autonomy of regulatory bodies tasked with protecting consumers and enforcing fair business practices.
Background of Slaughter's Firing and Legal Battle
Rebecca Kelly Slaughter was initially fired by President Trump earlier in 2025, prompting immediate legal challenges. Slaughter herself responded to the termination, stating on March 18 via a social media post, 'Today the President illegally fired me ... violating the plain language of a statute and clear Supreme Court precedent. Why? Because I have a voice. And he is afraid of what I will tell the American people.' Her dismissal was widely criticized by consumer advocates and Democratic lawmakers who argued it undermined the FTC's mission.
The legal basis for her reinstatement stems from prior court rulings and statutes that protect FTC commissioners from arbitrary removal. A lower court had previously ruled in her favor, and despite a temporary stay issued by an appeals court in July, the latest decision on September 2 solidifies her return to the agency. The court's order specifically noted that presidents can only remove FTC commissioners for 'inefficiency, neglect of duty, or malfeasance in office,' none of which were cited in Slaughter's case.
Implications for FTC Independence and Future Challenges
The reinstatement of Slaughter could have broader implications for the balance of power between the executive branch and independent agencies. Legal experts suggest that this ruling reinforces the precedent set by cases like Humphrey's Executor, which limits presidential authority over certain federal positions. This decision may embolden other commissioners or agency leaders to challenge removals they deem unlawful.
However, the fight may not be over, as there is speculation that President Trump could appeal the ruling to the Supreme Court. The dissent in the 2-1 appeals court decision, penned by a Trump-appointed judge, indicates potential grounds for further legal contention. For now, Slaughter resumes her role at the FTC, where she is expected to continue advocating for consumer protections, including initiatives like the click-to-cancel rule aimed at preventing companies from trapping consumers in unwanted subscriptions.