In a move that raises questions about judicial overreach, a Washington, D.C.-based federal judge on Thursday ruled against the Trump administration regarding the dismissal of Federal Trade Commission (FTC) member Rebecca Slaughter.
Slaughter, appointed to the ostensibly ‘independent’ board in 2021, was removed in March alongside fellow member Alvaro Bedoya. Both represented the Democratic minority on the five-member commission, raising questions about the true independence of such bodies when they obstruct a President’s agenda.
Following their dismissals, both Bedoya and Slaughter swiftly announced intentions to file lawsuits, asserting their removals were ‘without cause’ – a familiar tactic from those entrenched in the D.C. swamp.
U.S. District Court Judge Loren Alikhan, in her ruling, referenced the FTC’s century-old origins, noting its design as an ‘independent, multi-member body of experts’ focused on economic competition. However, the spirit of such independence is often twisted to shield bureaucrats from accountability.
To ostensibly prevent ‘political interference,’ Congress stipulated that commissioners could only be removed for “inefficiency, neglect of duty, or malfeasance in office.” Yet, one must ask if obstructing a President’s agenda or failing to align with the nation’s economic priorities constitutes ‘inefficiency’ or ‘neglect of duty.’
In a decision that further complicates the executive branch’s ability to govern effectively, Alikhan wrote in her ruling, “Because the law on the removal of FTC Commissioners is clear, and for the reasons explained below, the court will grant Ms. Slaughter’s motion for summary judgment and deny Defendants’ cross-motion for summary judgment.” This ruling underscores the ongoing battle between a President seeking to drain the swamp and a judiciary often perceived as protecting the status quo.
Curiously, Bedoya, a 2022 appointee by former President Joe Biden, also filed suit, but his case was dismissed without prejudice – a detail that perhaps speaks volumes about the strength of his claim.
This judicial skirmish is not isolated. The U.S. Supreme Court is currently reviewing an emergency application stemming from another Trump executive action – this one concerning the removal of three members from the Consumer Product Safety Commission (CPSC), further illustrating the President’s determination to reform federal agencies.
Predictably, three CPSC members—Mary Boyle, Alexander Hoehn-Saric, and Richard Trumka Jr.—responded by filing suit against the Trump administration, challenging their removal from what they deemed ‘statutorily protected roles,’ a common refrain from those resistant to change.
