&imwidth=800&imheight=600&format=webp&quality=medium "US supreme court allows Trump to keep Democrat away from her FTC post for now")
The US Supreme Court on Monday allowed President Donald Trump to keep a Democratic member of the Federal Trade Commission temporarily away from her post for now, pausing a judicial order for the reinstatement of the commissioner. The court’s action, known as an administrative stay, gives the justices additional time to consider Trump’s formal request to let him fire Rebecca Slaughter from the consumer protection agency that enforces antitrust law prior to the expiry of her term.
Chief Justice John Roberts, who handles emergency filings arising in Washington, DC, issued the stay. Roberts also asked Slaughter to file a response by next Monday.
The Trump administration had on Thursday asked the US Supreme Court to let him temporarily remove Slaughter till the legal fight over her dismissal is over. The request came after US District Judge Loren AliKhan blocked Trump’s firing of Slaughter, saying the attempt to remove her did not comply with removal protections in federal law. Congress put tenure protections in place to give regulatory agencies a degree of independence from presidential control.
The US Court of Appeals for the District of Columbia Circuit on 2 September in a 2-1 decision upheld the judge’s ruling.
Statutory protections shield FTC members from removal without cause
The lower courts said that the statutory protections shielding FTC members from removal without cause conform with the US Constitution in light of a 1935 Supreme Court case called Humphrey’s Executor v. United States.
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In that case, the court ruled that a president does not have unfettered power to remove FTC commissioners, faulting then president Franklin Roosevelt’s firing of an FTC commissioner over policy differences.
The Trump administration argued in its filing that “the modern FTC exercises far more substantial powers than the 1935 FTC,” and thus its members can be fired at will by the president.
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Trump himself first placed Slaughter on the board in 2018
Trump himself had first placed Slaughter on the board in 2018, and Joe Biden nominated her for a second term. The Senate confirmed her without opposition last year.
The administration has repeatedly asked the justices to allow implementation of Trump policies impeded by lower courts. The Supreme Court, which has a 6-3 conservative majority, has sided with the administration in almost every case that it has been called upon to review since Trump returned to the presidency in January.
Trump fired Slaughter and another Democratic FTC commissioner in March. The agency enforces anti-trust and consumer protection laws. Its five board members, appointed by the president, serve seven-year terms, and no more than three commissioners can be of the same political party.
