There was a previous instance when Slaughter made a brief return to her office, months after Trump declared her termination, due to US District Court Judge Loren AliKhan ruling her dismissal unlawful. Trump had disregarded the longstanding Supreme Court precedent set by Humphrey’s Executor, which prevents presidents from dismissing independent commissioners without a valid reason. However, her reinstatement was short-lived — the appeals court temporarily halted the order reinstating Slaughter just days later.

In this latest development, a 2-1 decision by a panel of appeals court judges has dissolved that stay, allowing Slaughter to resume her duties until a decision is made on the case’s merits. The majority judges do not rule on the case itself, but they indicate that the government’s chances of success are slim since “any ruling in its favor from this court would have to defy binding, on-point, and repeatedly upheld Supreme Court precedent.”