Rebecca Kelly Slaughter and Alvaro Bedoya, the two Democratic commissioners on the Federal Trade Commission who were recently fired by President Donald Trump without explanation, have filed a lawsuit against Trump and FTC leadership. The lawsuit raises questions about presidential authority over independent agencies.
Slaughter and Bedoya, represented by the nonprofit organization Protect Democracy, are seeking reinstatement and back pay. They are also aiming to uphold the Supreme Court ruling in Humphrey’s Executor v. United States, which established that FTC commissioners cannot be removed at the president’s will.
Bedoya received the news of his dismissal via email while at his daughter’s gymnastics class, with no reason provided. The FTC statute only allows for commissioners to be dismissed for specific reasons, none of which were cited in Bedoya and Slaughter’s termination letters.
The Trump administration’s decision to fire the commissioners may be an attempt to challenge the Humphrey’s Executor ruling and potentially open the door for at-will removal of commissioners from other independent agencies.
The implications of this move extend beyond just the FTC, affecting other agencies like the Federal Reserve and the Securities and Exchange Commission. If the president can remove FTC commissioners without cause, it sets a dangerous precedent for other agencies as well.
The Trump administration’s actions align with a conservative playbook that aims to consolidate executive power by challenging precedents like Humphrey’s Executor. The move to remove FTC commissioners is seen as a direct attack on this ruling, with the intent to prompt the Supreme Court to reconsider its protections.
With only two commissioners currently sitting on the FTC board, the agency’s ability to act is limited. The remaining commissioners may choose to end ongoing cases, impacting important investigations related to consumer protection, privacy rules for tech companies like Meta, and business practices on platforms like Amazon.
Bedoya emphasizes that his firing, if upheld, could allow the President to influence the outcomes of crucial cases, undermining the independence and integrity of agencies like the FTC. “Mereka bisa patuh dan tinggal atau mereka tidak dan lihat apa yang terjadi pada mereka.”