The Supreme Court has allowed President Donald Trump to continue his effort to remove FTC Commissioner Rebecca Kelly Slaughter, granting interim relief while the legal battle over her dismissal proceeds. Chief Justice John Roberts authorized the temporary suspension of a lower court order requiring Slaughter’s reinstatement, pending further review by the high court.
Slaughter, appointed to the Federal Trade Commission in 2018 and later reconfirmed by President Joe Biden, was notified in March 2023 that she had been fired by Trump. She challenged the move, arguing her removal violated the FTC Act, which restricts presidential authority to terminate commissioners only for cause, such as inefficiency or misconduct. A lower court ruled in her favor, ordering reinstatement, but Roberts’ decision halted that process temporarily.
The ruling leverages Roberts’ role as Circuit Justice, enabling emergency decisions without full Court involvement. The Supreme Court’s shadow docket—used for expedited, unsigned rulings—allowed Roberts to issue a stay, preserving the status quo while legal challenges continue. The order does not resolve the case but delays Slaughter’s return to the commission until further proceedings.
Slaughter must now respond to the administration’s appeal by a specified deadline. The decision underscores ongoing tensions over executive authority and the limits of presidential power in federal agency appointments.
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