Antitrust Alert #7
On March 18, President Trump fired both Democratic FTC Commissioners Alvaro Bedoya and Rebecca Slaughter. Firing the two opposition party commissioners in the middle of their terms is a significant break of precedent and the latest example of President Trump seeking to consolidate executive power and exert control over independent agencies.
The firings follow a letter sent last month by Acting Solicitor General Sarah Harris to Senate Judiciary Committee Ranking Member Richard Durbin (D-Ill.) stating that the Department of Justice will ask the Supreme Court to overturn Humphrey’s Executor, a legal precedent limiting the ability for the president to fire members of independent agencies at will. President Trump also signed an executive order in February requiring independent agencies, including the Federal Trade Commission (FTC), Federal Communications Commission (FCC), and Securities and Exchange Commission (SEC), to submit proposed regulations to the White House for review and consult with the White House on their priorities and strategic plans.
In response to the firings, Bedoya released a statement on X that he had been “illegally fired.” In her own statement, Slaughter, who was notably nominated and confirmed to be FTC Commissioner under the first Trump Administration, stated that President Trump was “violating the plain language of a statute and clear Supreme Court precedent.” Slaughter also suggested that the firings could be out of fear for opposition “if the President orders Chairman Ferguson to treat the most powerful corporations and their executives – like the ones that flanked the President at his inauguration – with kids gloves.”
Slaughter said she is “considering legal options including a lawsuit.” Alvaro said he planned to sue over his dismissal, writing “I’ll see the president in court” on X.
What this means
The firings of the two commissioners will set off months, if not years, of litigation. Expected rulings on Humphrey’s Executor could fundamentally alter the structure of independent commissions, rendering them more or less appendages of Presidential policy making. For the FTC, in particular, the firings could bring questions from some about the Commission’s very governance. While the FTC can meet with as little as one Commissioner, Democrats in Congress will likely claim the Commission lacks a legal compliment of commissioners. If the courts agree, it could render decisions made without Commissioners Bedoya and Slaughter legally suspect.
This article is part of a series examining Antitrust across the globe. Read the previous editions here:
Click here to learn more about our Antitrust and Competition capabilities.
Click here to sign up for our North America Antitrust Digest newsletter.