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Federal Judge Rules Trump Illegally Fired Democratic FTC Commissioner, Orders Reinstatement

By  |  July 20, 2025

A federal judge has ruled that President Donald Trump’s dismissal of a Democratic Federal Trade Commission (FTC) commissioner earlier this year was unlawful, restoring her to her position and underscoring legal protections that limit presidential authority over independent agencies. According to Reuters, U.S. District Judge Loren AliKhan issued the ruling late Thursday, affirming that commissioners at the FTC cannot be removed without cause, in line with a landmark 1935 Supreme Court precedent.

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    Judge AliKhan’s decision mandates that Rebecca Kelly Slaughter resume her duties as an FTC commissioner. By Friday morning, the agency’s official website reflected Slaughter’s reinstatement, showing her as one of the four sitting commissioners. The ruling highlights the enduring impact of the Supreme Court’s Humphrey’s Executor decision, which restricts presidents from firing FTC commissioners at will. Per Reuters, the judge emphasized that the law has been reaffirmed repeatedly by Congress, the courts, and successive administrations over the past ninety years.

    The Trump administration quickly announced plans to appeal the ruling, potentially escalating the dispute to the Supreme Court. The conservative-majority high court has already curtailed the scope of Humphrey’s Executor in recent months, including decisions allowing Trump to remove leaders of other independent agencies like the National Labor Relations Board and the Merit Systems Protection Board. Reuters notes that justices are also reviewing an emergency appeal related to the removal of Democratic members of the Consumer Product Safety Commission, whom Trump had fired but were reinstated by a federal judge.

    The case also intersects with ongoing discussions about presidential authority over the Federal Reserve, with the Supreme Court previously suggesting that the Fed’s leadership enjoys more protection due to its unique structure.

    Read more: Trump 2025 Antitrust Agenda: Targeting Regulatory Barriers

    Judge AliKhan acknowledged the likelihood that the legal battle would continue, stating that the Trump administration was free to pursue their arguments before the Supreme Court. However, she affirmed that her decision was grounded firmly in established law.

    Trump had removed Slaughter and fellow Democrat Alvaro Bedoya from the FTC in March, citing conflicts with his administration’s policy priorities. The FTC, a congressionally created agency responsible for enforcing consumer protection and antitrust laws, is traditionally composed of commissioners from both parties, with staggered seven-year terms designed to ensure stability. The commissioners challenged their removal as illegal, leading to the court’s intervention. Bedoya resigned in June, prompting the dismissal of his claim.

    Slaughter expressed readiness to return to her role, stating, “As the Court recognized today, the law is clear, and I look forward to getting back to work,” according to Reuters.

    At a May hearing, Slaughter’s legal team warned against granting the president unchecked power to remove executive officers, which could undermine critical checks on presidential authority. Judge AliKhan noted that previous presidents respected these limits, unlike the Trump administration.

    FTC commissioners are nominated by the president and confirmed by the Senate. They can only be removed for specific causes such as inefficiency, neglect, or misconduct.

    Source: Reuters