In the latest round of President Trump’s purge of independent agency officials, Democratic members of the Federal Trade Commission (FTC), Alvaro Bedoya and Rebecca Kelly Slaughter, were terminated.
Why it matters: The terminations add to the ongoing legal battle regarding Presidential authority over independent agencies that began with the terminations of Equal Employment Opportunity Commission (EEOC) and National Labor Relations Board (NLRB) members. How these legal challenges are resolved may significantly change agency power, authority, and regulatory policymaking.
The terminations: Bedoya and Slaughter were terminated Tuesday, and the White House provided no reason or statement related to their dismissals. Both Commissioners vowed to fight the firings in court.
Legal test case: The Supreme Court, in a 1936 case called Humphrey’s Executor, specifically ruled that FTC Commissioners are insulated from termination except for cause.
-
That precedent, used over the years to protect other agencies from Presidential control, has been eroded by more recent Supreme Court cases.
-
The terminations of FTC and NLRB agency heads will provide the Supreme Court a chance to definitively re-rule on the issue – a result deliberately sought by the current Administration.
-
It is anticipated that the current Supreme Court would rule that the President has broad authority over independent agencies, including the authority to terminate agency heads.
The FTC is still business as usual: Unlike the EEOC and the NLRB, where a lack of quorum prevents the agency from performing most of its major functions, the FTC’s quorum rules allow for the existing Republican commissioners, Chair Ferguson and Commissioner Holyoak, to continue performing their usual duties.
The bottom line: The legal battles over the FTC, EEOC, and NLRB terminations are part of a broader campaign against federal agency power and authority.
-
While DOGE personnel and funding cuts greatly reduce agencies’ abilities to function, dozens of pending lawsuits could result in agencies such as the SEC or NLRB ceasing to exist entirely, if they are found to be unconstitutional.
-
The conclusion of this campaign – one way or another – will likely come to pass during the current administration.
