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The court prevents the dismissal of the FTC commissioner named Biden

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A Washington Federal Court of Appeal, DC, authorized Tuesday a member appointed by Biden of the Federal Trade Commission to keep his job, at least for the moment, as part of a trial centered on the power of President Donald Trump to withdraw members of the independent agencies without reason.

In a 2-1 prescription, a panel of three judges agreed with a lower court that Trump illustrated dismissed the commissioner of the FTC Rebecca Slaughter and that his dismissal was outright in disagreement with the precedent of the Supreme Court.

“The government has no probability of success on appeal given the control and directly on the precedent of the Supreme Court,” wrote the panel, adding that “Bucking such a precedent is not in the post description of this court”.

FTC layoffs take projectors in Trump’s fight to erase the independence of agencies

Washington, DC - July 13: Commissioners of the Federal Commission of the Rebecca Kellly Slaughter Commerce Commission (L) chats with Alvaro Bedoya (R) Before the president of the FTC, Lina Khan testifies during a hearing of the chamber's judicial committee in the Rayburn office building on Capitol Hill in Washington Images).

The commissioners of the Federal Commerce Commission Rebecca Kelly Slaughter and the Alvaro Bedoya cat before the president of the FTC, Lina Khan testified during a hearing of the chamber judicial committee in Washington, DC, on July 13, 2023. (Shuran Huang for the Washington Post via Getty Images)

Slaughter was suddenly dismissed after Trump took up his duties, rehired when judge Loren Alikhan ruled in his favor in July, then resumed a few days later when the court of appeal briefly interrupted Alikhan’s decision.

The panel of three judges, including two people named by Obama and one named by Trump, raised this break on Tuesday, which means that Slaughter can now return to work.

The Trump administration could now request compensation from the complete bench of the Court of Appeal or the Supreme Court. A spokesperson for the Ministry of Justice told Fox News Digital that the government was planning to appeal on Tuesday’s order.

The person named by Trump on the panel, judge Neomi Rao has disappeared, claiming that “the balance of actions here is ultimately indisputable” of other cases where the Supreme Court temporarily has the layoffs of Greent Trump.

MJ lawyers had pleaded for the Court of Appeal to grant the Trump administration a suspension and maintains the dismissal of Slaughter in place, highlighting the decisions of the Supreme Court to do the same in recent distinct cases involving other independent agencies, including two labor commissions.

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The United States Supreme Court building in Washington, DC (AP Photo / Mariam Zuhaib)

The United States Supreme Court building in Washington, DC (AP photo / Mariam Zuhaib)

Donald Trump AI Executive Order

President Donald Trump has a decree signed in the White House Oval Office in Washington on January 23, 2025. (Reuters / Kevin Lamarque)

“The reinstatement by the court of a main director of the United States – in the test of the recent precedent of the Supreme Court remaining similar reinstatements in other cases – inflicts serious damage to the separation of powers and the capacity of the president to exercise his authority under the Constitution,” the lawyers wrote.

The layoffs all concern a 90 -year Supreme Court decision in the executor of Humphrey v. United States, which noted that the dismissal by President Franklin D. Roosevelt of an FTC commissioner was illegal. The commissioners dismissed without reason, such as embezzlement, before their seven -year mandates increased, a violation of the FTC law, according to the High Court.

Although the Supreme Court has enabled Trump layoffs on other independent agencies to temporarily continue while the prosecution takes place in the lower courts, the case of Slaughter would present the most flagrant question to the judges to know if they plan to overthrow the executor of Humphrey. Legal researchers have hypothesized that the current Supreme Court of Conservatives has an appetite to reverse or close this decision.

Trump initially dismissed the two members appointed by FTC Democrats with five members. Slaughter promised to see his trial until his conclusion, while the other ousted member, Alvaro Bedoya, has since resigned.

Slaughter said she was planning to return to work on Wednesday.

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“In the midst of Trump’s administrator’s efforts to illegally abolish independent agencies, including the federal reserve, I am happy that the Court recognized that it was not above the law,” Slaughter wrote on social networks. “I can’t wait to come back to work tomorrow for the work that was responsible for me on behalf of the American people.”

Trump also recently dismissed the governor of the Federal Reserve Lisa Cook for allegations of mortgage fraud, a moving decision is now difficult before the court. This affair presents its own unique set of challenges, in part because the The Supreme Court said This year, the federal reserve was more isolated than the other independent agencies.

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