President Donald Trump on Thursday asked the Supreme Court to allow him to fire Federal Trade Commission commissioner Rebecca Slaughter, who lower courts ordered reinstated after he terminated her.
Trump wants the Supreme Court to pause her reinstatement as he appeals the case.
“President Trump acted lawfully when he removed Rebecca Slaughter from the FTC,” White House spokesman Kush Desai said in a statement.
“Indeed, the Supreme Court has twice in the last few months confirmed the President’s authority to remove the heads of executive agencies,” Desai said. “We look forward to being vindicated for a third time — and hopefully after this ruling, the lower courts will cease their defiance of Supreme Court orders.”
Trump in March removed Slaughter and another Democratic commissioner, Alvaro Bedoya, as part of a sprawling effort to exert his influence over federal agencies.
Slaughter and Bedoya then sued Trump, seeking to be reinstated. But Bedoya resigned from the FTC in June and dropped his case.
In July, a federal judge in Washington, D.C., ruled that Slaughter’s firing was illegal.
On Tuesday, the U.S. Circuit Court of Appeals in D.C., upheld that ruling in a 2-1 decision.
The appeals court held that FTC commissioners cannot be removed unless there is cause, which has been defined as neglect or malfeasance in office.
Trump did not give a reason for firing Slaughter.
“The government has no likelihood of success on appeal,” the ruling said.
Slaughter returned to work at the FTC after the appeals court decision.
“I was confirmed unanimously by the Senate to a term that ends in 2029 and I intend to serve it out,” she said Thursday in a statement to CNBC. “I am focused on my work and very glad to be back on the job.”
Slaughter’s case is the second in recent weeks to raise the question of whether Trump has legal “cause” to justify removing a federal regulator.
The question of “cause” is also at the crux of Trump’s unprecedented effort to remove Federal Reserve Board Governor Lisa Cook, who was appointed by former President Joe Biden.
Trump last month moved to fire Cook over allegations of mortgage fraud, claims that her attorney has denied, setting up a court battle that could also end up at the Supreme Court.
A court hearing on the matter ended without resolution last week, leaving the future of Cook’s position unclear.
