Appeals Court Reinstates FTC Commissioner Rebecca Kelly Slaughter

A federal appeals court has restored Rebecca Kelly Slaughter to her role as a commissioner at the Federal Trade Commission. The 2–1 decision dissolved a temporary stay and reinstated a district court order requiring Slaughter’s return after she was fired by President Trump in March.

Key points

• Panel vote: 2–1 in favor of reinstatement. Judges Patricia Millett and Cornelia Pillard (Obama appointees) formed the majority; Judge Neomi Rao (Trump appointee) dissented.
• Legal basis: The majority said the government “has no likelihood of success on appeal” because Supreme Court precedent in Humphrey’s Executor (1935) protects independent-agency commissioners from removal except for cause (“inefficiency, neglect of duty, or malfeasance in office”).
• Background: U.S. District Judge Loren AliKhan previously ruled Slaughter’s removal “unlawful and without legal effect,” ordering her reinstatement. An appeals court briefly paused that order before lifting the stay.
• Outcome: Slaughter is once again listed on the FTC’s website and has returned to work. Her fellow fired Democratic commissioner, Alvaro Bedoya, resigned and took a private-sector job.

Reactions & context

“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,” Slaughter said in an interview.

Major coverage and legal analysis are available from Engadget, EPIC, and the Benton Institute (links below).

Sources: Engadget, EPIC, Benton Institute.

Questions or comments? Share your take below: was this a necessary defense of independent agencies or an overstep by the courts?