President Donald Trump dismissed the two Democratic commissioners of the Federal Trade Commission (FTC), Alvaro Bedoya and Rebecca Kelly Slaughter. This action has sparked significant controversy and legal challenges, as both commissioners assert that their removal violates statutory protections and Supreme Court precedents safeguarding the independence of regulatory agencies.
The FTC, established to operate as an independent agency, traditionally allows commissioners to serve fixed terms, removable only for cause, such as neglect of duty or malfeasance. This framework was upheld by the Supreme Court in the 1935 case of Humphrey’s Executor v. United States, which limited the president’s authority to dismiss commissioners without just cause.
The White House, through a brief email, confirmed the firings but did not provide detailed justifications for the dismissals. This move aligns with a broader pattern observed in the current administration, where similar actions have been taken against members of other independent agencies, including the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC).
In response to their termination, both Bedoya and Slaughter have announced plans to contest their dismissals legally. Bedoya has expressed his intention to testify before the Colorado Joint House and Senate Judiciary Committees regarding the matter. The commissioners argue that their removal undermines the FTC’s mission to protect consumers and prevent monopolistic practices, suggesting that the firings favor corporate interests over public welfare.
The dismissals have significant implications for the FTC’s future actions. With the removal of the two Democratic commissioners, the FTC now comprises a Republican majority, potentially altering the agency’s approach to consumer protection and corporate regulation. This shift may impact ongoing and future investigations into business practices, particularly those involving major technology firms.
Legal experts anticipate that this unprecedented move will lead to a protracted legal battle over the extent of presidential authority concerning independent regulatory bodies. The outcome of this dispute could redefine the balance of power between the executive branch and independent agencies, potentially affecting the operational autonomy of entities like the FTC.
