September 9, 2025


US Supreme Court Puts a Pause on Reinstating FTC Commissioner Rebecca Kelly Slaughter

In a pivotal decision on Monday, the US Supreme Court issued a stay on a district court's order that had previously ruled in favor of reinstating Rebecca Kelly Slaughter to her position as a Federal Trade Commission (FTC) Commissioner. This stay puts a temporary hold on the enforcement of the district court’s decision from July 17, which supported Slaughter's reinstatement following her dismissal by President Donald Trump in March.

Earlier this year, both Slaughter and fellow commissioner Alvaro Bedoya were removed from their positions by Trump, leading to a lawsuit filed by the two seeking to reclaim their roles. However, Bedoya withdrew from the lawsuit in June after resigning for personal and financial reasons, effectively ending his pursuit of reinstatement.

The district court had ruled that Trump's termination of Slaughter violated the Federal Trade Commission Act (FTCA), which states that a president can only remove commissioners for "inefficiency, neglect of duty, or malfeasance in office." This decision leaned heavily on the 1935 Supreme Court precedent set by Humphrey’s Executor v. United States, which provided for-cause removal protections for FTC Commissioners.

However, Trump's legal team appealed the ruling, citing the Supreme Court’s recent decision in Trump v. Wilcox as a basis. The Wilcox case involved similar circumstances with the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB), where the court decided that these bodies exercised significant executive power, distinguishing them from the situation outlined in Humphrey's Executor.

The Supreme Court's stay, issued under Chief Justice John Roberts' authority as Circuit Justice for the DC Circuit, is a significant win for the Trump administration, which has been actively seeking to limit the removal protections of officials in independent agencies. This decision prevents Slaughter from resuming her duties while the government’s appeal is considered by the DC Circuit Court of Appeals.

This latest development is part of a broader trend of legal challenges involving the Trump administration's dismissal of federal agency officials. Just last month, the Supreme Court invalidated a federal court order that mandated the reinstatement of thousands of terminated federal employees, marking another victory for the administration’s policies on agency management and employment.

The implications of this decision are far-reaching, affecting not only the governance of independent federal agencies but also the balance of power between the executive branch and established employment protections. As the case progresses through the appeals process, all eyes will be on the judiciary to see how it navigates these complex legal and constitutional issues.