Trump’s firing of Democratic FTC commissioner was unlawful, judge rules

Rebecca Kelly Slaughter, one of the Democratic FTC Commissioners President Trump had fired back in March, said she looks forward to getting back to work. US District Judge Loren AliKhan has just ruled that her removal from the agency was “unlawful and without legal effect” and that she was still a “rightful member” of the commission. The judge explained that the firings violated protections that prevent a president from unilaterally removing officials at independent agencies.

In her statement after the ruling was handed down, Slaughter said the “for-cause removal protections that apply to [her] colleagues and her at the FTC also protect other independent economic regulators like the SEC, the FDIC, and the Federal Reserve.” Slaughter was one of the two Democratic members of the Federal Trade Commission that Trump had removed from their position, leaving only three Republican commissioners in charge.

Historically, the FTC had five members: Three from the same party as the president and two from the opposite party. At the moment, FTC’s website only lists the three current Republican commissioners, including Chairman Andrew Ferguson. The chairman previously said that he had “no doubts about [Trump’s] constitutional authority to remove Commissioners, which is necessary to ensure democratic accountability for [the] government.” The other fired Democratic commissioner, Alvaro Bedoya, was originally part of the lawsuit. However, his claims had been dismissed since he resigned from the agency completely and took on a private-sector job since then, explaining that he couldn’t afford to have no income while the case was in court.

White House spokesperson Kush Desai told The New York Times that the administration would appeal AliKhan’s decision. “The Supreme Court has repeatedly upheld the president’s constitutional authority to fire and remove executive officers who exercise his authority,” he added. The judge expected as such and noted in her ruling that the case would likely reach the Supreme Court. As Politico has noted, the Supreme Court previously refused to reinstate the members of the National Labor Relations Board and the Merit Systems Protection Board that Trump had fired. Those personnel were also supposed to be protected by the federal law the restricts the president’s ability to remove government agency officials.