A federal judge on Thursday ruled that the firing of a Democratic commissioner at the Federal Trade Commission (FTC) by President Trump was illegal.
U.S. District Judge Loren AliKhan, a Biden administration appointee, said the Trump administration’s “attempt to remove’ Commissioner Rebecca Kelly Slaughter “did not comply with the FTC Act’s removal protections.”
“Defendants repeatedly want the FTC to be something it is not: a subservient agency subject to the whims of the President and wholly lacking in autonomy. But that is not how Congress structured it,’ AliKhan wrote in her opinion.
“Undermining that autonomy by allowing the President to remove Commissioners at will inflicts an exceptionally unique harm distinct from the mine run of wrongful termination cases,” she added.
The FTC is tasked with enforcing antitrust law and consumer protection, separate from the direction of the White House.
Slaughter, who was fired alongside Alvaro Bedoya earlier this year, said she’s motivated to return to work.
“As the Court recognized today, the law is clear, and I look forward to getting back to work,” said Slaughter in a statement to Reuters.
“The for-cause removal protections that apply to my colleagues and me at the FTC also protect other independent economic regulators like the SEC, the FDIC, and the Federal Reserve.”
However, the Trump administration stated that it would appeal the ruling, a move that could likely escalate to the Supreme Court.
The Hill reached out to the White House and FTC for comment on the Thursday ruling.
The White House told Reuters, “The Supreme Court has repeatedly upheld the President’s constitutional authority to fire and remove executive officers who exercise his authority. The Trump Administration will appeal this unlawful decision and looks forward to victory on this issue.”
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