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A Federal Court of Appeals in Washington, DC, allowed a member appointed by Biden from the Federal Commerce Commission to maintain his work, at least for now, as part of a lawsuit focused on the authority of President Donald Trump to eliminate members of independent agencies without cause.
A panel of three judges said on Tuesday that the decision of a lower court that Trump illegally dismissed the FTC commissioner, Rebecca Slaughter, could remain in place and that the shot was disagree with the precedent of the Supreme Court.
“The Government is not likely to success in the appeal given control and directly in the precedent of the Supreme Court of Point,” the panel wrote in an order.
Slaughter was dismissed abruptly after Trump assumed the position, he contracted again when Judge Loren Alikhan ruled in his favor last month, and then faced again days later when the Court of Appeals briefly arrested Ali Khan's decision.
The FTC shots stand out in Trump's fight to erase the independence of the agencies
The commissioners of the Federal Commission of Commerce Rebecca Kelly Slaughter (left) talk with Álvaro Bedoya (right) before the president of the FTC Lina Khan testifies during a hearing of the Judicial Committee of the Chamber in the Rayburn House office building in Capitol Hill in Washington, DC, on July 13, 2023. (Shuran Huang for Washington Post through Getty Images)
The panel of three judges, which includes two appointed from Obama and a Trump designated, raised that pause on Tuesday, allowing Slaughter to return to work. Trump administration can appeal the decision.
The lawyers of the Department of Justice had argued that the Court of Appeals grant the Trump administration a stay, pointing out the decision of the Supreme Court to do the same in a recent separate case that involves other independent agencies.
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“The restitution of the court of a main officer of the United States, challenging the recent precedent of the Supreme Court that remains remaining similar in other cases, has serious damage to the separation of powers and the ability of the president to exercise his authority under the Constitution,” the lawyers wrote.
This is a development story. Consult the updates again.
