FTC and Trump’s Authority: Recent Court Ruling

The Federal Court of Appeals in Washington, D.C., has decided that members of the Federal Trade Commission (FTC) appointed by President Biden can stay in their roles for the time being. This decision is part of a broader lawsuit concerning former President Donald Trump’s authority to remove FTC leaders.

On Tuesday, a panel of three judges remarked that the situation presented significant conflict with existing Supreme Court rulings, particularly following a lower court’s conclusion that Trump had unlawfully dismissed FTC commissioner Rebecca Kelly Slaughter.

In their order, the judges commented, “The government is unlikely to win an appeal given the established Supreme Court precedent.” This legal back-and-forth started when Slaughter was abruptly fired and then reinstated—a decision Judge Loren Alican endorsed before the appeals court reversed it shortly after.

A trio of judges, including two appointed by Obama and one by Trump, lifted the earlier suspension on Tuesday, enabling Slaughter to return to her duties. The Trump administration is still considering its options for appeal.

Lawyers from the Justice Department indicated that the appeals court might provide a stay in favor of the Trump administration, referencing similar Supreme Court actions in other independent agency cases.

They also cautioned that restoring a U.S. chief officer through court intervention could greatly undermine the separation of powers and the President’s constitutional authority.

This story is ongoing, so updates will follow.