Federal Judge to Trump on FTC Commissioner Firing: No, You Can’t Fire Whomever You Want
The U.S. District Court for the District of Columbia ruled that President Donald Trump’s March firing of Federal Trade Commission (FTC) Commissioner Rebecca Kelly Slaughter was illegal on Thursday. The ruling not only reinstates Slaughter at the commission but also strikes a blow to the Trump administration’s arguments that senior officials of independent agencies serve at the pleasure of the president and may be removed at his discretion.
FTC Chair Andrew Ferguson said he had “no doubts about [the president’s] constitutional authority to remove Commissioners” following Slaughter’s and Commissioner Alvaro Bedoya’s March expulsions from the commission. Apparently, Ferguson’s confidence was misplaced.
The court dismissed Bedoya’s claims that his firing was illegal, ruling they were moot after he formally resigned from the commission in June to lawfully pursue outside employment—something FTC employees are prohibited from doing while in office. However, the court ruled in favor of Slaughter, declaring that her “purported removal…was unlawful under the Federal Trade Commission Act…and is therefore without legal effect.” In case there was any uncertainty about the recognition of Slaughter’s commissionership, the court declared she “remains a rightful member of the Federal Trade Commission until the expiration of her Senate-confirmed term on September 25, 2029.”
The court also ruled that Ferguson, FTC Commissioner Melissa Holyoak, and FTC Executive Director David Robbins may not interfere with Slaughter’s performing her lawful duties as an FTC commissioner “unless she is lawfully removed
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