The Western Journal

Appeals court reinstates Biden-appointed FTC commissioner fired by Trump

A federal appeals court has ruled to reinstate Rebecca Slaughter, a Federal Trade Commission (FTC) commissioner appointed by president Biden, who was unlawfully fired by former President Donald Trump. In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit upheld a previous ruling that it was illegal to remove Slaughter, citing federal laws that protect FTC commissioners from being dismissed except for inefficiency, neglect of duty, or malfeasance. Trump had fired slaughter and another Biden appointee,alvaro Bedoya,in March without explanation. While Bedoya resigned, Slaughter is set to resume her duties following the court order. Slaughter expressed satisfaction with the ruling affirming that no president is above the law and looks forward to resuming her work on the commission. The Trump administration is expected to appeal the decision to the Supreme Court. This case is part of a broader legal conflict surrounding Trump’s firing of independant federal agency officials, with other affected officials also challenging their dismissals in court.


Appeals court reinstates Biden-appointed FTC commissioner fired by Trump

A federal appeals court decided on Tuesday to reinstate Biden-appointed Federal Trade Commission Commissioner Rebecca Slaughter, months after President Donald Trump fired her.

In a 2-1 majority decision, the U.S. Court of Appeals for the District of Columbia Circuit upheld a federal judge’s ruling that determined it was illegal to fire Slaughter.

“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 wrote in the 29-page order. “Bucking such precedent is not within this court’s job description.

Senate Commerce, Science, and Transportation Committee Chairman Roger Wicker (R-MS), left, and ranking member Maria Cantwell (D-WA) react to the appearance of Rebecca Slaughter, Federal Trade Commissioner holding her newborn daughter Hattie, as she testifies via video conference during a Senate Commerce, Science, and Transportation Committee hearing to examine the Federal Trade Commission, Wednesday, Aug. 5, 2020, on Capitol Hill in Washington. (AP Photo/Jacquelyn Martin)

The order cited federal law stating FTC commissioners can only be removed “for inefficiency, neglect of duty, or malfeasance in office.”

Trump fired Slaughter and Alvaro Bedoya, another Biden appointee on the commission, in March without giving an explanation. However, FTC Chairman Andrew Ferguson maintained at the time that Trump “had the authority” to fire them. Bedoya formally resigned from the FTC in June, but Slaughter is expected to return to work this week following the appeals court’s order.

“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,” she added.

The Trump administration will likely appeal the case to the Supreme Court.

TRUMP FACES CONTINUED LEGAL FIGHTS OVER FIRING INDEPENDENT AGENCY HEADS

In recent months, Trump has been firing multiple members of independent federal agencies, with the terminations then challenged in court. The latest officials to have been ousted in high-profile shake-ups include former Centers for Disease Control and Prevention Director Susan Monarez, Federal Reserve governor Lisa Cook, and Bureau of Labor Statistics Commissioner Erika McEntarfer.

Cook filed a lawsuit last week challenging her “illegal” termination, a possibility that Monarez and McEntarfer may also consider. Slaughter and Bedoya previously sued Trump for the same reason.



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