Federal courts have delivered a stunning rebuke to President Trump’s authority, blocking his attempt to fire a Biden-appointed bureaucrat and reinforcing the deep state’s grip on independent agencies.
Story Snapshot
- D.C. Circuit Court blocks Trump from removing FTC Commissioner Rebecca Slaughter without cause
- Courts cite 1935 Supreme Court precedent limiting presidential removal powers over independent agencies
- Trump administration signals intent to appeal to Supreme Court, setting up potential constitutional showdown
- Decision reinforces statutory protections that shield bureaucrats from political accountability
Court Protects Biden Appointee From Presidential Authority
The D.C. Circuit Court of Appeals upheld a lower court ruling that prevents President Trump from removing Rebecca Slaughter, a Biden-appointed Federal Trade Commission commissioner. The September 2025 decision reinforces legal protections that shield independent agency officials from presidential oversight. Slaughter was reinstated after being denied office access since March, when Trump attempted to remove both her and fellow Democrat Alvaro Bedoya from their positions at the consumer protection agency.
Nearly Century-Old Precedent Limits Executive Power
Federal judges relied on Humphrey’s Executor v. United States, a 1935 Supreme Court decision establishing that FTC commissioners can only be removed for “inefficiency, neglect of duty, or malfeasance in office.” This precedent creates a significant barrier to presidential control over independent agencies, allowing unelected bureaucrats to operate with minimal accountability to voters’ chosen representatives. Judge Loren L. AliKhan emphasized the “clearly established law” in her district court ruling, which the appeals court subsequently upheld.
Constitutional Battle Heads to Supreme Court
The White House announced plans to challenge the appeals court decision before the Supreme Court, potentially setting up a landmark case on presidential removal powers. This dispute tests the “unitary executive” theory, which argues for broad presidential control over executive branch agencies. Recent Supreme Court decisions have shown increased skepticism toward limits on presidential authority, though they have not overturned protections for multi-member commissions like the FTC.
Deep State Celebrates Judicial Protection
Slaughter praised the court decision, stating she was “heartened the court has recognized that [the president] is not above the law.” This response reflects the broader resistance among career bureaucrats to presidential oversight and accountability measures. The ruling allows Biden appointees to continue implementing regulatory policies that may conflict with Trump’s agenda, undermining the electoral mandate for change. Independent agencies now operate with reinforced insulation from the democratic process and executive accountability.
Sources:
Appeals Court Blocks Trump from Firing Biden-Appointed FTC Commissioner Rebecca Slaughter
Appeals Court Denies Government’s Request to Block Federal Trade Commissioner in Slaughter v. Trump
Appeals Court Rejects Trump’s Attempt to Fire FTC Commissioner
