President Donald Trump dismissed two Democratic members of the Federal Trade Commission (FTC) on Tuesday, raising questions about the autonomy of regulatory bodies. The White House confirmed the removal of Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter but did not provide further details.
The decision has sparked criticism from Democratic lawmakers and groups opposing monopolies, who argue that this move aims to eliminate dissent against large corporations within the FTC. Senator Amy Klobuchar of Minnesota expressed concern, stating that undermining the commission could benefit fraudsters and monopolists at the expense of consumers.
The FTC, which enforces consumer protection and antitrust laws, is structured to include no more than three commissioners from the same political party. Bedoya and Slaughter intend to challenge their dismissals legally. Bedoya labeled the action as corruption, while Slaughter claimed her firing violated legal statutes and Supreme Court precedents.
FTC Chairman Andrew Ferguson, a Republican appointed by former President Joe Biden and later named chairman by Trump, defended the president's authority to remove commissioners, citing the need for democratic accountability. Ferguson assured that the FTC would continue its efforts to protect consumers and curb anticompetitive practices.
Mark Meador, nominated by Trump as the third Republican commissioner, awaits Senate confirmation. It remains uncertain if replacements for the ousted commissioners will be nominated. The FTC can still function with only two commissioners to handle cases.
Trump's decision follows previous legal challenges over dismissals from other independent agencies, such as the National Labor Relations Board. A 1935 Supreme Court ruling allows FTC commissioners to be removed only for valid reasons, safeguarding several independent agencies from direct presidential control. Two federal judges have previously ruled that Trump's firings of NLRB and Merit Systems Protection Board members violated federal law.
The administration's broad interpretation of presidential power was further emphasized by an executive order issued on February 18, enhancing White House control over independent agencies. These dismissals may complicate Ferguson's efforts to demonstrate the FTC's dedication to consumer protection and market competition.
Commissioner Melissa Holyoak, another Republican, and Ferguson have recused themselves from an FTC case involving major pharmacy benefit managers accused of promoting higher-priced insulin for rebates. Their recusals create uncertainty about the case's future.
Senator Klobuchar, who previously supported Meador's nomination, has now withdrawn her support, questioning the rationale behind endorsing commissioners while others are being dismissed.
Ferguson has reaffirmed the FTC's commitment to regulating Big Tech companies, preparing for trials against Meta Platforms and Amazon, and enforcing privacy agreements with Meta and X.