A recent decision by a federal appeals court has reinstated a Biden appointee to the Federal Trade Commission (FTC), reversing President Donald Trump's previous dismissal of the commissioner.
The reinstatement comes after a legal battle that saw the Democrat commissioners, who were fired by President Trump in March, challenge their removal in court.
According to Gateway Pundit, the legal saga began when President Trump exercised his executive authority to remove the Democrat commissioners from the FTC. Andrew Ferguson, Chairman of the FTC, supported the President's decision, stating, "President Donald J. Trump is the head of the executive branch and is vested with all of the executive power in our government. I have no doubts about his constitutional authority to remove Commissioners, which is necessary to ensure democratic accountability for our government."
He further emphasized the FTC's commitment to its mission, saying, "The Federal Trade Commission will continue its tireless work to protect consumers, lower prices, and police anticompetitive behavior." Despite these actions, the commissioners, including Rebecca Kelly Slaughter, sought legal recourse to reclaim their positions.
In July, U.S. District Judge Loren AliKhan, appointed by President Biden, ruled that President Trump's dismissal of Slaughter was unlawful, leading to her temporary reinstatement. The Trump Administration swiftly appealed this decision, bringing the case before the DC Circuit Court of Appeals.
The appellate court, referencing the Supreme Court's decision in Humphreys Executor, upheld Slaughter's reinstatement. The court's opinion, delivered by a panel consisting of Judges Millett and Pillard, both appointed by President Obama, stated, "Humphreys Executor controls this case and binds this court."
They further elaborated, "In Humphreys Executor, the Supreme Court unanimously held that the Federal Trade Commission Act does not violate Article II by limiting the Presidents power to remove Commissioners except for cause."
However, the decision was not without dissent. Judge Rao, appointed by President Trump, criticized the ruling, arguing that it undermines the President's authority. In her dissent, she remarked, "This case presents a now-familiar set of facts. President Donald Trump fired a commissioner of a so-called independent agency without cause.
The district court held that such removal was unlawful, ordered reinstatement of the officer, and entered a sweeping permanent injunction that, among other things, ordered everyone at the agency to treat the officer as if she were never removed by the President." Judge Rao further contended that the injunction interferes with presidential powers, stating, "By statute, only the President may remove an FTC commissioner. See 15 U.S.C. 41."
The court's decision to uphold Slaughter's reinstatement raises questions about the balance of power between the executive branch and independent agencies. While the ruling aligns with the precedent set by Humphreys Executor, it also highlights ongoing tensions regarding the scope of presidential authority over independent regulatory bodies.
As the legal and political implications of this decision continue to unfold, the debate over executive power and agency independence remains a contentious issue in Washington.
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