Overview

• A three-judge D.C. Circuit panel lifted its stay of a lower court order reinstating FTC Commissioner Rebecca Kelly Slaughter.
• The order concluded the government has no likelihood of success on appeal under controlling and directly on-point Supreme Court precedent.
• The Department of Justice had urged a stay, arguing that reinstatement harms separation of powers and the President’s constitutional authority.
• Slaughter was fired after President Trump took office, briefly reinstated by Judge Loren AliKhan, then sidelined when the appellate court initially paused that ruling.
• The administration can seek further review, leaving the broader fight over presidential removal power at independent agencies ongoing.