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Thursday, Aug 27, 2026

U.S. Appeals Court Temporarily Restores FTC Commissioner Removed by Trump

Court of Appeals enforces reinstatement of Rebecca Slaughter pending appeal, citing binding Supreme Court precedent

A federal appeals court has temporarily reinstated Federal Trade Commission Commissioner Rebecca Kelly Slaughter, whom President Donald Trump sought to remove earlier this year, thereby upholding the independence of a key regulatory body. In a two-to-one decision, the U.S. Court of Appeals for the District of Columbia Circuit ordered enforcement of a lower court ruling restoring Slaughter while legal proceedings continue. The majority stressed that ignoring the precedent established in Humphrey’s Executor v. United States (1935)—which restricts presidential removal of FTC commissioners to causes such as inefficiency, neglect of duty, or malfeasance—would defy binding Supreme Court decisions :contentReference[oaicite:1]{index=1}.

The underlying controversy began in March, when President Trump dismissed two Democratic FTC commissioners, Rebecca Slaughter and Alvaro Bedoya, against the provisions of the FTC Act and long-standing legal precedent. The dismissals sparked an immediate legal challenge, with both commissioners suing to be reinstated :contentReference[oaicite:2]{index=2}.

In July, U.S. District Judge Loren AliKhan ruled that Slaughter’s firing was unlawful and reinstated her, affirming that Slaughter remains entitled to serve through her Senate-confirmed term, which extends to 2029 :contentReference[oaicite:3]{index=3}. The Trump administration swiftly sought a stay of that decision, briefly halting her return while the case proceeded :contentReference[oaicite:4]{index=4}.

The appeals court’s latest ruling revives the reinstatement and reinforces that presidents cannot dismiss commissioners of independent agencies without cause, preserving institutional checks and regulatory stability :contentReference[oaicite:5]{index=5}. The White House, however, maintains that the president has authority to remove executive officers and signalled intention to escalate the dispute to the Supreme Court, pointing to recent rulings affirming broad presidential removal powers :contentReference[oaicite:6]{index=6}.

Slaughter, the sole remaining Democratic commissioner at the FTC, applauded the ruling, characterising it as a triumph of law over unlawful executive overreach and affirming her eagerness to resume her duties on behalf of the American public :contentReference[oaicite:7]{index=7}.

This legal battle represents a critical test of the presidency’s authority over independent federal agencies, with potential implications beyond the FTC—extending to institutions such as the Federal Reserve and other bipartisanship-structured regulatory bodies :contentReference[oaicite:8]{index=8}.

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