Federal Appeals Court Upholds Slaughter Reinstatement at FTC
Rebecca Kelly Slaughter can resume her job as FTC commissioner, a federal appeals court ruled Tuesday (see 2507250046).
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A three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 to uphold a district court ruling in favor of Slaughter (see 2507180039). The Trump administration filed for a stay that would have delayed Slaughter’s reinstatement during appeal.
“The government is not likely to succeed on appeal because any ruling in its favor from this court would have to defy binding, on-point, and repeatedly preserved Supreme Court precedent,” the court said. “Bucking such precedent is not within this court’s job description.”
Judge Neomi Rao dissented, saying “federal courts likely have no equitable authority to order the reinstatement of an officer removed by the President.”
Judges Patricia Millett and Cornelia Pillard made up the majority.
A federal district court judge on July 17 ruled in favor of Slaughter’s reinstatement, saying the administration’s “attempt to remove Ms. Slaughter from her position as an FTC Commissioner did not comply with the FTC Act’s removal protections.”
DOJ filed emergency motions for a stay with both the district court and the appeals court.
“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,” Slaughter said in a statement. “I’m very eager to get back first thing tomorrow to the work I was entrusted to do on behalf of the American people.”
The U.S. Supreme Court is expected to take up the case.