Rebecca Slaughter’s situation regarding her dismissal from the Federal Trade Commission (FTC) has experienced recent developments. Slaughter briefly returned to her office following a ruling by U.S. District Court Judge Loren AliKhan, who found her dismissal by former President Donald Trump to be unlawful. This dismissal raised questions about the application of a Supreme Court precedent known as Humphrey’s Executor, which restricts presidents from terminating independent commissioners without just cause. However, her return was temporary, as an appeals court subsequently issued a stay on the order reinstating her.
A recent decision from a panel of appeals court judges has now dissolved that stay, allowing Slaughter to resume her position while the court considers the merits of the case. The ruling was passed with a 2-1 vote, and while the majority did not make a definitive ruling on the case itself, they expressed skepticism about the government’s chances of success. The judges observed that any ruling favoring the government would need to contradict established Supreme Court precedent that has been upheld multiple times.
This ongoing legal battle raises questions about the boundaries of presidential authority in dismissing independent agency officials and the implications of judicial decisions on executive power. The outcome of this case could have significant repercussions for similar cases in the future, particularly concerning the autonomy of independent regulatory bodies.
Source: https://www.theverge.com/news/769683/fired-democratic-ftc-commissioner-rebecca-slaughter-reinstated