Trump-appointed FTC commissioner temporarily allowed to remain in position, according to appeals court ruling
In a significant turn of events, Rebecca Kelly Slaughter, a former Federal Trade Commission (FTC) commissioner, has been temporarily reinstated by the U.S. Court of Appeals for the District of Columbia Circuit. This decision comes after Slaughter's firing by President Donald Trump in March, along with another Democratic FTC commissioner, Alvaro Bedoya.
Slaughter and Bedoya claimed they were "illegally fired," and subsequently sued. The appeals court ruling on Tuesday, which was a 2-1 decision, denied the Trump administration's request to speed up the appeals process and ordered that the stay be dissolved.
The ruling is a setback for the Trump administration's efforts to weaken several government watchdogs and regulators in Washington. The FTC, formed 111 years ago to enforce consumer protection and antitrust laws, has been at the forefront of these efforts. In March, Trump attempted to drastically limit the operations of the Consumer Financial Protection Bureau, the banking watchdog.
Slaughter, in an emailed statement, said she is heartened that the court has recognized that Trump is not above the law, and is eager to return to her work at the FTC. She stated that she was fired because she has a voice, and the President is afraid of what she'll tell the American people.
The FTC commission is made up of five commissioners, with no more than three commissioners from the same political party. Under then-Chair Lina Khan, the Biden administration has aggressively taken on major cases, such as the Microsoft-Activision Blizzard merger and the Kroger acquisition of Albertsons.
In June, Bedoya announced his formal resignation from the FTC. CNN has reached out to the FTC for comment regarding the reinstatement of Slaughter. Slaughter's statement also mentioned the Federal Reserve as one of the agencies that the Trump administration has attempted to illegally abolish.
The White House argued that Trump acted legally when he removed Slaughter, citing two Supreme Court rulings that allowed Trump to remove heads of agencies. However, the appeals court ruling cited a 1935 Supreme Court decision that protects FTC leaders from being fired "at will" by the president.
The lower district court ordered Slaughter's reinstatement on July 21, but the Justice Department received an emergency stay from the appeals court that temporarily blocked her reinstatement. The White House has stated that it looks forward to being vindicated for a third time regarding the reinstatement of Slaughter.
This development marks a significant victory for those advocating for the independence of government agencies and their role in protecting consumers and ensuring fair competition. The case is expected to continue as the appeals process moves forward.
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