Now, he’s made that request official, as President Donald Trump has filed an appeal to the Supreme Court. He’s set his sights on firing Federal Trade Commission (FTC) Commissioner Rebecca Slaughter. This relocation comes on the heels of an intensely fought legal battle over whether or not her firing was legal. It has raised critical questions about the president’s ability to commandeer federal regulators.
In March of this year, President Trump fired Rebecca Slaughter from her FTC post along with another Democratic commissioner, Alvaro Bedoya. The decision sparked swift outrage and resulted in emergency legal challenges. After Slaughter’s lower courts ordered her reinstatement, this prompted a federal judge in Washington, D.C. to rule her dismissal unlawful.
The U.S. Circuit Court of Appeals in D.C. confirmed this district court ruling in an extremely close 2-1 decision earlier this week. Consequently, Slaughter was tasked with being the FTC’s interim head after the appeals court’s order. The court’s decision poses a critical question: does President Trump possess sufficient legal “cause” to justify the removal of a federal regulator?
Rebecca Slaughter, joined by Alvaro Bedoya, has been one of the Commission’s most vociferous litigants against President Trump, and is personally seeking reinstatement to her seat. The ongoing litigation raises larger questions about the extent of any president’s power to direct federal agencies.
White House spokesman Kush Desai defended the president’s actions, asserting that “President Trump acted lawfully when he removed Rebecca Slaughter from the FTC.” Breuder’s termination, which President Trump did not provide a detailed justification for. This absence of explanation led to a plethora of questions regarding his authority.
In an effort to regain control over the situation, the president is seeking a pause on Slaughter’s reinstatement while the case is appealed to the Supreme Court. The recent public court hearing ended without a solution. Now, Slaughter is in an odd and uncertain situation as she gets re-acclimated with all of the demands and challenges surrounding her return.
FTC Commissioner Rebecca Slaughter was hopeful in the wake of the recent decisions. She expresses hope that lower courts will at long last cease ignoring Supreme Court directives. The case has become emblematic of the now ancient yet still simmering struggle between executive power and regulatory independence.
“The government has no likelihood of success on appeal.” – U.S. Circuit Court of Appeals in D.C.
This is obviously a very fluid situation, and we are still waiting to see if and how the Supreme Court will respond to President Trump’s appeal. Federal oversight and agency governance may hang in the balance of this troubling outcome.