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A divided U.S. appeals court on Tuesday reinstated Democratic Federal Trade Commissioner Rebecca Slaughter, blocking former President Donald Trump’s attempt to remove her from office. The 2-1 decision by the District of Columbia Circuit Court of Appeals allows a lower court ruling in Slaughter’s favor to take effect, rejecting the administration’s request to delay enforcement during its appeal.

Legal Precedent Protecting FTC Commissioners

The court emphasized that FTC commissioners cannot be fired by a president without cause, a principle upheld for nearly a century. In the majority opinion, two judges wrote that the government is unlikely to succeed on appeal because any ruling in its favor would contradict binding Supreme Court precedent repeatedly reaffirmed over decades.

Trump appointee Judge Neomi Rao dissented, arguing that federal courts likely lack authority to order the reinstatement of an officer removed by the president.

Slaughter’s Response and Role at the FTC

Slaughter expressed her relief at the ruling, stating that Trump is “not above the law” and reaffirming her commitment to the agency. “I’m very eager to get back first thing tomorrow to the work I was entrusted to do on behalf of the American people,” she said in a statement.

The FTC is responsible for enforcing consumer protection and antitrust laws. Slaughter, initially appointed by Trump in 2018, was later designated acting chair by President Biden in January 2021 and received a second term in 2023, which runs through September 2029.

Background of the Dispute

The controversy began when Trump attempted to fire Slaughter and fellow Democratic commissioner Alvaro Bedoya in March, raising concerns about the independence of the FTC and other federal regulatory agencies. Congress has structured the FTC so that no more than three of five commissioners can belong to the same party, and federal law restricts hiring and firing to prevent partisan interference.

A federal judge ruled in July that Trump’s attempt to remove Slaughter violated these statutory protections, setting the stage for the appeals court decision. Bedoya resigned in June to accept another role and is not involved in the current case.

Implications and Next Steps

The dispute is expected to ultimately reach the U.S. Supreme Court, which has ruled nearly 90 years ago that FTC commissioners can only be removed for good cause, such as neglect of duties. Legal experts suggest the case could have lasting implications for the autonomy of independent federal agencies and the limits of presidential power over regulatory bodies.

The White House has not commented on the ruling. Slaughter’s reinstatement underscores the checks and balances embedded in U.S. law to protect agency independence from political pressure.