
Late Monday, a three-judge panel of
the D.C. Circuit Court of Appeals temporarily stayed an order reinstating Federal Trade Commissioner Rebecca Kelly Slaughter to the agency.
The judges' move came the same day
the Department of Justice filed an emergency motion to block Slaughter's
return.
The appellate panel said the purpose of the short-term stay -- technically, an "administrative stay" -- was to give the court the opportunity to consider the
government's argument, and "should not be construed in any way as a ruling on the merits."
The panel directed Slaughter to respond to the administration's petition by
Friday.
The stay marks the latest development in a battle dating to March, when President Donald Trump ousted Democratic commissioners Slaughter and Alvaro Bedoya from the
agency, leaving it with only Republicans.
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They both sued for reinstatement, but Bedoya resigned while the matter was pending.
On Thursday, U.S. District Court Judge Loren AliKhan in
Washington, D.C. ruled that Trump's ouster of Slaughter was "blatantly unlawful" and ordered her reinstated.
The following day, Slaughter posted to X (formerly Twitter) a photo of herself outside the FTC building, with the caption: "Excited to be heading into
the office this am!"
The administration appealed AliKhan's order and on Monday, asked the Circuit Court to immediately stay the ruling. The Justice Department argued that
the reinstatement order impinges on Trump's ability to control the executive arm.