What are the courts thinking?!?
A federal appeals court in Washington, D.C., delivered a stunning legal blow to President Donald Trump’s administration on Tuesday — siding with Biden allies in a fight that could reshape the balance of power between the White House and unelected federal agencies.
In a 2-1 ruling, the court allowed Biden-appointed Federal Trade Commissioner Rebecca Slaughter to keep her job — for now — even after President Trump personally ordered her removal.
This case has massive implications for presidential authority, the separation of powers, and Trump’s ongoing efforts to drain the Washington swamp.
Trump’s Authority Undermined
The majority opinion, written by two judges appointed by Barack Obama, declared that Trump’s firing of Slaughter violated a 90-year-old Supreme Court precedent dating back to the New Deal era.
“The government has no likelihood of success on appeal given controlling Supreme Court precedent,” the panel wrote, essentially tying Trump’s hands while letting Slaughter return to work immediately.
Judge Neomi Rao, Trump’s lone appointee on the panel, issued a strong dissent, warning that the ruling undermines the Constitution and limits the president’s ability to hold unelected bureaucrats accountable.
How the Fight Began
President Trump, immediately after taking office, moved to clean house at the FTC, firing both Democrat-appointed commissioners — including Slaughter.
Slaughter sued, claiming her termination was unlawful. A lower court temporarily sided with her in July, only for the appellate court to pause that ruling.
Now, with Tuesday’s decision, Slaughter has been reinstated again — a move the Trump administration is already preparing to appeal to the Supreme Court.
Why This Case Matters
At the heart of the legal fight is Humphrey’s Executor v. United States (1935), a nearly century-old Supreme Court ruling that limited a president’s ability to fire independent agency officials without cause.
Many conservative legal experts believe today’s Trump-influenced Supreme Court majority may be ready to revisit and overturn that precedent, restoring full executive power to the presidency.
The Department of Justice warned that Tuesday’s ruling is dangerous:
“The court’s reinstatement of a principal officer of the United States… works a grave harm to the separation of powers and the President’s constitutional authority.”
This decision could set the stage for a historic Supreme Court showdown over whether an elected president — accountable to the American people — can rein in unaccountable Washington bureaucrats.
Bigger Battle Brewing: The Federal Reserve
This is not Trump’s only fight with independent agencies.
The president recently fired Federal Reserve Governor Lisa Cook over mortgage fraud allegations. Cook is also challenging her firing in court.
The Federal Reserve case is even more complicated since the Supreme Court has said the Fed enjoys extra layers of legal protection, making Trump’s battle there a high-stakes test of presidential power.
Rebecca Slaughter Celebrates Court Win
Slaughter wasted no time taking a victory lap.
On social media, she attacked Trump, writing:
“Amid the efforts by the Trump administration to illegally abolish independent agencies, I’m glad the court has recognized that he is not above the law.”
She vowed to return to work immediately, signaling an even more aggressive stance in future legal battles.
What Comes Next
The Trump administration now has two options:
- Appeal to the full D.C. Circuit to reverse Tuesday’s ruling.
- Take the fight directly to the Supreme Court, where a conservative majority could finally overturn outdated precedent and restore full presidential authority.
With billions of dollars, regulatory power, and constitutional authority on the line, this case could become one of the most consequential legal battles of Trump’s second term.
Why This Matters to You
This isn’t just about one commissioner or one agency.
It’s about whether Washington bureaucrats — many of them unelected and loyal to the Biden agenda — will continue to wield unchecked power over American businesses, families, and freedoms.
For conservatives, this ruling is a call to action. The fight over who truly governs America — the people or the deep state — is only just beginning.
Key Takeaways
- A federal court sided with Biden allies, blocking Trump’s attempt to fire FTC Commissioner Rebecca Slaughter.
- The decision challenges Trump’s constitutional authority to remove unelected bureaucrats.
- The Supreme Court could soon weigh in, with historic implications for executive power.
- Trump’s battle against entrenched Washington elites is far from over.