The Supreme Court on Monday accepted an emergency request from President Donald Trump, allowing him to remove Democratic Federal Trade Commission member Rebecca Slaughter as she challenges her ousting.
The president attempted to fire Slaughter in March, leading the commissioner to challenge the move as presidents may only legally remove FTC commissioners for “inefficiency, neglect of duty, or malfeasance in office.”
A federal court in July blocked Slaughter’s removal, deeming Trump’s attempt “unlawful and without legal effect.” The ruling cited Supreme Court precedent in the 1935 case Humphrey’s Executor v. United States, which limited the president’s ability to remove officials from agencies such as the FTC.
The lower court’s decision was upheld by the U.S. Circuit Court of Appeals for the District of Columbia, which last week stated that Trump “has no likelihood of success on appeal given controlling and directly on point Supreme Court precedent.”
Nonetheless, the Trump administration has appealed, and as is its wont, sought emergency relief from the Supreme Court. Chief Justice John Roberts faithfully obliged—temporarily blocking Slaughter’s reinstatement as her case progresses.
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