The Supreme Court cleared the way for the Trump administration to temporarily remove a member of the Federal Trade Commission as a broader case about whether the president can fire someone in that role plays out.
The order, signed by Supreme Court Chief Justice John Roberts on Monday, offered no explanation. But it will allow President Donald Trump to keep Rebecca Slaughter, a Democrat appointed by Trump in 2018 and confirmed again in 2024 under former President Joe Biden, sidelined at least until the case is resolved.
Trump fired Slaughter, along with FTC Commissioner Alvaro Bedoya, in March during a widespread sweep of independent regulatory agencies, including the sacking of Federal Election Commission Chair Ellen Weintraub — also a Democrat.
Today’s order from Roberts follows a series of back-and-forth legal actions.
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Bedoya and Slaughter challenged their firings in federal court in late March, arguing the president lacked authority to fire them at will. A federal district court agreed with Slaughter in July that Trump’s firing was illegal and ordered her reinstatement.
But the D.C. Circuit issued a temporary stay, keeping Slaughter out of her role until the court can “consider the motion for a stay pending appeal and should not be construed in any way as a ruling on the merits of that motion,” the order from the judges said.
Then last week, in a 2-1 decision, the Court of Appeals reinstated Slaughter. The Trump administration responded with an emergency appeal at the Supreme Court days later, resulting in Roberts’ order.
“The president removed respondent because he determined that her ‘continued service on the FTC is inconsistent with [his] administration’s priorities,” U.S. Solicitor General John Sauer wrote in the emergency appeal. “Courts have no power to second-guess that presidential judgment.”
Monday’s order from Roberts instructs Slaughter to respond to Trump’s appeal by Sept. 15.
Consumer protection groups have pleaded with the Senate Commerce Committee to launch an investigation into Trump’s firings, and Senate Democrats told NOTUS in March they would consider blocking Trump’s future appointments in response.
The FTC is a five-member commission. No more than three commissioners, who are nominated by the president and confirmed by the Senate, may come from any one party.
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