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Trump Fires Two FTC Commissioners, Legal Battle Looms Over Independence of Agency

President Trump dismissed two Democratic FTC commissioners, citing executive authority, igniting legal disputes over the agency's independence and compliance with Supreme Court rulings.

Overview

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President Trump has fired FTC commissioners Alvaro Bedoya and Rebecca Kelly Slaughter, claiming authority despite a 1935 Supreme Court ruling that forbids removing commissioners without cause. Both commissioners labeled the dismissals illegal, vowing legal action. This move raises alarms about the FTC's autonomy amid ongoing antitrust actions and consumer protections. FTC Chair Andrew Ferguson backed Trump, asserting the President’s authority to make such dismissals. As the FTC's composition shifts to a Republican majority, critics warn that this undermines the agency’s role against corporate malfeasance, potentially affecting market stability.

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Analysis

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  • President Trump fired both Democratic members of the Federal Trade Commission (FTC), advancing the administration's claim that the president has the authority to remove commissioners, despite a US law and a Supreme Court ruling that mandates good cause for such actions.
  • The two ousted commissioners have announced plans to pursue legal action, asserting their firings were illegal and a violation of well-established Supreme Court precedent specifically protecting their positions.
  • These firings raise significant questions about presidential power over independent agencies, potentially challenging the long-standing legal framework that ensures their autonomy from political influence.

Articles (17)

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Center (11)

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President Trump Targets Humphrey's Executor Directly
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White House pledges to defend FTC firings in court
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Trump fires both Democratic commissioners at FTC
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FAQ

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The 1935 Supreme Court case Humphrey’s Executor v. U.S., which established that the president cannot remove commissioners of independent agencies like the FTC without cause, such as inefficiency, neglect of duty, or malfeasance in office.

The FTC requires a quorum of three commissioners to perform certain functions. With only two Republican commissioners remaining, the agency may face operational challenges until new appointments are made.

Critics argue that removing Democratic commissioners undermines the FTC's independence and ability to enforce consumer protection and antitrust laws effectively, potentially allowing corporate malfeasance to go unchecked.

Both Alvaro Bedoya and Rebecca Kelly Slaughter have announced plans to file lawsuits to challenge their dismissals and reclaim their roles.

History

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    3 articles
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    6 articles