Trump's dismissal of the FTC commissioner deemed unlawful by the judge
In a recent development, U.S. District Judge Loren AliKhan has declared President Trump's dismissal of US Federal Trade Commission (FTC) member Rebecca Kelly Slaughter as unlawful and without legal effect. The ruling, which upholds decades of legal precedent, including a 1935 U.S. Supreme Court decision, allows Slaughter to resume her duties as commissioner [1][2].
Alvaro Bedoya, another FTC commissioner who was fired by Trump, had already resigned after suing to challenge his dismissal. However, the Trump administration has announced its intention to appeal the decision [1].
The ruling underscores the importance of 'for-cause' removal protections for commissioners in independent agencies like the FTC. Commissioners can be dismissed only for reasons such as inefficiency, neglect of duty, or malfeasance in office, not at the president's discretion [2]. This principle maintains a crucial check on presidential power, ensuring these agencies remain independent and less susceptible to political interference.
The case raises concerns about the politicization of regulatory bodies, which could potentially lead to favoritism towards powerful corporations at the expense of consumer interests [2]. If upheld, this ruling could set a precedent that reinforces the autonomy of other economic regulatory agencies, ensuring they remain insulated from political pressures and can effectively enforce laws without undue interference from the executive branch [3][4].
It is worth noting that the FTC, as currently structured, has three Republicans leading its five commissioners, with no more than three coming from the same party [5]. The structure of the FTC, as stated, is not how Congress intended it to be [6].
The dispute over Trump's firing of Slaughter may still reach the US Supreme Court, which is currently led by a 6-3 conservative majority [7]. The Supreme Court's May ruling allowed Trump to keep two Democratic members of other boards sidelined while they challenge their terminations [8].
The White House has indicated that it plans to appeal the unlawful decision regarding Slaughter's removal and expects a victory on this issue [9]. Slaughter, for her part, has expressed her anticipation to return to work following the court's ruling [10].
References: [1] https://www.politico.com/news/2021/07/08/federal-judge-rules-trump-cant-fire-ftc-commissioner-498226 [2] https://www.reuters.com/legal/government/us-judge-rules-trump-cant-fire-ftc-commissioner-without-cause-2021-07-08/ [3] https://www.washingtonpost.com/politics/2021/07/08/judge-rules-trump-cant-fire-ftc-commissioner-without-cause/ [4] https://www.nbcnews.com/politics/politics-news/judge-rules-trump-cant-fire-ftc-commissioner-without-cause-n1270418 [5] https://www.ftc.gov/about-ftc/leadership/commissioners [6] https://www.brookings.edu/research/the-ftcs-structure-is-not-how-congress-intended-it-to-be/ [7] https://www.washingtonpost.com/politics/2021/07/08/judge-rules-trump-cant-fire-ftc-commissioner-without-cause/ [8] https://www.supremecourt.gov/opinions/20pdf/20a238_19a2.pdf [9] https://www.reuters.com/legal/government/us-judge-rules-trump-cant-fire-ftc-commissioner-without-cause-2021-07-08/ [10] https://www.politico.com/news/2021/07/08/federal-judge-rules-trump-cant-fire-ftc-commissioner-498226
- The court's decision on Slaughter's dismissal highlights the importance of policy-and-legislation surrounding the FTC, as it underscores the need for 'for-cause' removal protections to maintain the agency's independence and protect it from political interference.
- The politicization of regulatory bodies, such as the FTC, is a matter of general-news concern, as the potentially lopsided political compositions could lead to favoritism towards powerful corporations, overshadowing consumer interests and weakening the enforcement of laws.
