A divided US appeals court on Tuesday allowed US Federal Trade Commissioner Rebecca Slaughter, a Democrat, to resume her role at the agency, as Donald Trump tries to remove her from office.
In a 2-1 decision, the District of Columbia circuit court of appeals allowed a lower court decision in favor of Slaughter to take effect, rejecting the Trump administration’s request to delay the ruling during its appeal.
The court said that FTC commissioners may not be fired by a president without cause, saying that the law on this point has been clear for nearly a century.
“The government is not likely to succeed on appeal because any ruling in its favor from this court would have to defy binding, on-point, and repeatedly preserved supreme court precedent,” two judges wrote in the majority opinion.
A third judge, Trump appointee Neomi Rao, dissented, saying that federal courts likely have no authority “to order the reinstatement of an officer removed by the president”.
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