Overview

• By dissolving an earlier administrative stay, the panel revived a district court ruling that deemed President Trump’s March removal of Slaughter unlawful.
• Judges Patricia Millett and Cornelia Pillard formed the majority, while Judge Neomi Rao dissented that courts lack authority to order reinstatement of a presidentially removed officer.
• The majority wrote that the government “has no likelihood of success on appeal” and reaffirmed that commissioners may be removed only for inefficiency, neglect of duty, or malfeasance.
• Slaughter said she will return to work, as the administration considers next steps that could include seeking emergency relief from the Supreme Court.
• With Alvaro Bedoya no longer in the case after his resignation, the litigation now centers on Slaughter and could determine the durability of removal protections at independent agencies.