Appeals Court Upholds Reinstatement of FTC Commissioner, Challenging Trump's Removal Powers
A federal appeals court upheld FTC Commissioner Rebecca Kelly Slaughter's reinstatement, ruling President Trump cannot fire independent agency officials without cause, challenging presidential removal powers.
Subscribe to unlock this story
We really don't like cutting you off, but you've reached your monthly limit. At just $5/month, subscriptions are how we keep this project going. Start your free 7-day trial today!
Get StartedHave an account? Sign in
Overview
- President Trump fired Federal Trade Commission (FTC) Commissioner Rebecca Kelly Slaughter and another appointee in March without explanation, initiating a significant legal challenge.
- A federal appeals court initially reinstated Slaughter, ruling that presidents cannot fire FTC commissioners without cause, citing Supreme Court precedents from the 1930s.
- The District of Columbia circuit court of appeals rejected the Trump administration's request to delay the ruling, upholding a federal judge's decision that her firing was illegal.
- Commissioner Slaughter expressed satisfaction with the court's decision, stating President Trump is not above the law in his attempts to abolish independent agencies.
- This ongoing legal battle tests the president's removal powers, with the Trump administration potentially appealing to the full appellate court or the Supreme Court.
Report issue
Read both sides in 5 minutes each day
Analysis
Center-leaning sources cover this story neutrally, presenting the legal dispute over presidential removal power without editorial bias. They clearly outline the Trump administration's argument, the lower courts' rulings, and the historical legal precedents, allowing readers to understand the complexities of the issue through balanced reporting.
"The fight over the president’s power to fire could prompt the court to consider overturning a 90-year-old Supreme Court decision known as Humphrey’s Executor."
Associated PressArticles (8)
FAQ
The legal precedent known as Humphrey's Executor, established by the Supreme Court in the 1930s, prevents presidents from removing FTC commissioners at will and without cause. Commissioners can only be removed for inefficiency, neglect of duty, or malfeasance in office.
President Trump fired FTC Commissioner Rebecca Kelly Slaughter in March, citing that her continued service was inconsistent with his administration's priorities, but did not provide a legal cause for the firing.
A federal district court ruled that President Trump's removal of Slaughter was unlawful and without legal effect because it did not comply with the FTC Act’s removal protections. The District of Columbia Circuit Court of Appeals upheld this decision, ordering Slaughter's reinstatement and denying the government's request to delay it.
This case challenges the broad presidential removal powers by affirming that independent agency officials such as FTC commissioners cannot be fired without cause, reinforcing the constitutional protections established by nearly a century of Supreme Court precedent, and potentially limits the President’s ability to unilaterally remove such officials.
The Trump administration may appeal the decision to the full appellate court or ultimately to the Supreme Court, as this ongoing legal battle tests the limits of presidential removal powers regarding independent agencies.
History
- 14d4 articles
