Trump Administration Says It Will Defend FTC Democrats' Firing 'All the Way to' SCOTUS
White House Press Secretary Karoline Leavitt said Wednesday that President Donald Trump's administration plans to defend his Tuesday firing of Democratic FTC Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter (see 2503180067). The Trump administration is seeking U.S. Supreme Court reversal of Humphrey's Executor v. U.S., a unanimous 1935 high court decision that set a precedent preventing the president from firing members of commissions like the FTC (see 2503040019). The firings drew swift opposition from congressional Democrats.
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“The time was right to let these people go, and the president absolutely has the authority to do it,” Leavitt said during a news conference. If the Trump administration must “fight it all the way to the Supreme Court, we certainly will.” White House Deputy Director-Presidential Personnel Trent Morse emailed Bedoya that his “continued service on the FTC is inconsistent with my Administration's policies. Accordingly, I am removing you ... pursuant to my authority under Article II of the Constitution.” FCC observers were already wondering whether Trump would oust either of the FCC Democrats (see 2502210052).
Bedoya and Slaughter have vowed to fight their firings. Slaughter said in a statement that her dismissal violated “the plain language of a statute and clear Supreme Court precedent.” She said Trump's administration fired her because he “clearly fears the accountability that opposition voices would provide if the President orders [FTC Chairman Andrew] Ferguson to treat the most powerful corporations and their executives -- like those that flanked the President at his inauguration -- with kid gloves.”
Ferguson defended Trump, saying the president “is the head of the executive branch and is vested with all of the executive power in our government. I have no doubts about his constitutional authority to remove Commissioners, which is necessary to ensure democratic accountability for our government.” The FTC “will continue its tireless work to protect consumers, lower prices, and police anticompetitive behavior,” Ferguson said. “I wish Commissioners Slaughter and Bedoya well, and I thank them for their service.”
Senate Minority Leader Chuck Schumer of New York and Commerce Committee ranking member Maria Cantwell of Washington were among congressional Democrats who decried the FTC commissioners’ ouster. “By illegally firing two [Senate-confirmed] Democratic commissioners, Trump has given a green light to businesses across the country to gouge consumers and skyrocket prices for American families,” Schumer said. “Make no mistake about it: this decision will directly lead to higher prices for Americans.”
Cantwell said in an X post “you can’t just fire commissioners because you don’t like them, you can only fire them for cause. The FTC should be an independent, bipartisan consumer watchdog that puts consumers ahead of politics.” Lobbyists told us the firings will likely embolden Senate Democrats to more forcefully oppose Republican FTC nominee Mark Meador's confirmation. Senate Commerce voted 20-8 last week to advance Meador (see 2503120069).
An FTC official said Wednesday that the commission “can function with two commissioners,” citing a 2-0 commission vote in 2017 to approve its Quincy Bioscience complaint during the closing days of the Obama administration. Then-Chair Edith Ramirez (D) and then-Commissioner Terrell McSweeney (D) approved the item, while then-Commissioner Maureen Ohlhausen (R) recused.
Assuming Bedoya and Slaughter “refuse to leave,” it’s “highly unlikely” the FTC will recognize their votes, John Villafranco, a Kelley Drye attorney who handles FTC compliance issues, said in an interview. Every decision after that will be subject to legal challenge, especially with FTC nominee Mark Meador awaiting Senate confirmation. Even after Meador is confirmed, all potential votes “will be clouded” until the Supreme Court rules, Villafranco said.