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yesterday

D.C. Circuit Reinstates FTC Commissioner Rebecca Slaughter in 2–1 Ruling

The court said Supreme Court precedent limits a president's ability to remove FTC commissioners without cause.

Rebecca Slaughter, commissioner at the Federal Trade Commission (FTC), during a House Judiciary Committee hearing in Washington, DC, US, on Thursday, July 13, 2023. The Federal Trade Commission chair is set for a grilling by House Republicans who've been sharply critical of her approach to antitrust and are sure to raise what they say are management missteps and ethical issues. Photographer: Al Drago/Bloomberg via Getty Images
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Rebecca Kelly Slaughter sits before the House Committee on Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade hearing entitled "The World Wild Web: Examining Harms Online" in the Rayburn House office building in Washington, DC on Wednesday March 26, 2025. (Photo by Mattie Neretin/Sipa USA)(Sipa via AP Images)
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Overview

  • The appeals court dissolved an earlier administrative stay and allowed Slaughter to return to the FTC while the case proceeds.
  • In denying a stay, the majority said the government is unlikely to prevail because Humphrey’s Executor remains binding and permits only for-cause removal.
  • Judges Patricia Millett and Cornelia Pillard formed the majority, while Judge Neomi Rao dissented, arguing courts likely cannot order reinstatement and citing recent Supreme Court emergency stays.
  • The decision leaves in place a July ruling by U.S. District Judge Loren AliKhan that deemed Trump’s March removal unlawful, and a separate challenge by Alvaro Bedoya ended after his June resignation.
  • The administration can seek emergency relief at the Supreme Court, a step that could determine the scope of presidential removal power over independent, multimember agencies.