"A Democrat who was fired from the Federal Trade Commission by President Trump was reinstated to her position yesterday in an appeals court ruling. Trump's firing of Commissioner Rebecca Kelly Slaughter violated Supreme Court precedent, said yesterday's ruling from the US Court of Appeals for the District of Columbia Circuit. A District Court judge ruled the same way in July, but Slaughter couldn't get back to work because of an administrative stay that delayed the lower-court ruling from taking effect."
"The panel pointed to a 1935 case, Humphrey's Executor v. United States, in which the Supreme Court held that the president can only remove FTC commissioners for inefficiency, neglect of duty, or malfeasance in office. Trump's termination notices sent to Slaughter and Democrat Alvaro Bedoya said, "Your continued service on the FTC is inconsistent with my Administration's priorities. Accordingly, I am removing you from office pursuant to my authority under Article II of the Constitution.""
An appeals court reinstated Commissioner Rebecca Kelly Slaughter to the Federal Trade Commission after dissolving an administrative stay that had prevented her return. A three-judge panel denied the government's motion for a longer-term stay by a 2-1 vote, saying the government lacked a likelihood of success on appeal given controlling Supreme Court precedent. The court pointed to Humphrey's Executor (1935), which limits presidential removal of FTC commissioners to cause such as inefficiency, neglect, or malfeasance. Trump's termination notices said the commissioners' service was inconsistent with his administration's priorities and invoked Article II removal authority.
Read at Ars Technica
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