A federal appeals court has ruled that Rebecca Kelly Slaughter, a Federal Trade Commission (FTC) commissioner removed by President Donald Trump earlier this year, can be temporarily reinstated. The decision marks a significant setback for Trump’s effort to curb the power of independent federal regulators.
Slaughter, along with fellow Democratic commissioner Alvaro Bedoya, was fired by Trump in March. In July, a district court ordered Slaughter’s reinstatement, but the Justice Department quickly secured an emergency stay blocking that move. On Tuesday, the appeals court lifted the stay in a 2-1 ruling and also rejected the administration’s request to accelerate the appeals process.
“The government has no likelihood of success on appeal given controlling and directly on point Supreme Court precedent,” the ruling stated, citing a 1935 Supreme Court decision that prevents presidents from firing FTC commissioners “at will.”
In a statement, Slaughter praised the decision, framing it as a victory for independent governance. “Amid the efforts by the Trump administration to illegally abolish independent agencies, including the Federal Reserve, I’m heartened the court has recognized that he is not above the law,” she said. “I’m very eager to get back first thing tomorrow to the work I was entrusted to do on behalf of the American people.”
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The White House defended Trump’s decision, with spokesperson Kush Desai insisting that presidents retain authority to remove agency leaders. “We look forward to being vindicated for a third time — and hopefully after this ruling, the lower courts will cease their defiance of Supreme Court orders,” he said.
The FTC, established 111 years ago, plays a key role in enforcing consumer protection and antitrust laws. Under former Chair Lina Khan during the Biden administration, it launched aggressive actions against corporate consolidation, including lawsuits against the Microsoft-Activision Blizzard merger and Kroger’s planned acquisition of Albertsons. The commission is made up of five members, with no more than three from the same political party.
Slaughter and Bedoya both claimed they were illegally removed and filed lawsuits. Bedoya later resigned in June. Slaughter, however, continues to contest her dismissal, saying, “The President illegally fired me … because I have a voice. And he is afraid of what I’ll tell the American people.”
