D.C. Circuit Reinstates FTC Commissioner Slaughter, Blocking Trump Removal Attempt
Summary
On September 3, 2025, a D.C. Circuit Court of Appeals panel reinstated FTC Commissioner Rebecca Kelly Slaughter, despite President Trump’s March attempt to remove her. The panel split 2-1, restoring a lower-court order that held Slaughter was entitled to continue serving because federal law allows commissioners to be removed only for “inefficiency, neglect of duty, or malfeasance in office.” In a post on X, Slaughter stated, “I’m eager to get back first thing tomorrow to the work I was entrusted to do on behalf of the American people.”
The Trump administration subsequently asked the Supreme Court for an immediate administrative stay of the judgment. In a 30-page filing, U.S. Solicitor General D. John Sauer wrote that the case is “indistinguishable” from previous disputes in which the court blocked similar efforts to force reinstatement of senior officials. Sauer also requested that the application be treated as a petition for certiorari before judgment.
