Two Democratic members of the Federal Trade Commission (FTC), Alvaro Bedoya and Rebecca Kelly Slaughter, have filed a lawsuit against President Donald Trump. They claim that their firings on March 18 were illegal and violated a long-standing U.S. Supreme Court precedent that protects the independence of regulatory agencies.
The lawsuit argues that Trump’s decision to remove them without cause contradicts federal law. This law, upheld by the Supreme Court in the 1935 case of Humphrey’s Executor v. U.S., allows the president to fire FTC commissioners only for reasons such as neglect of duty or misconduct.
The commissioners are seeking a court order to declare their terminations unlawful and to allow them to return to their positions.
FTC Chairman Andrew Ferguson stated that Trump has constitutional authority over agencies with significant executive power.
However, he acknowledged that the former commissioners have the right to challenge their dismissals in court. Ferguson expressed confidence that Trump’s actions would ultimately be upheld.
This case is part of a broader legal challenge to Trump’s authority over independent agencies.
The president has faced similar lawsuits for firing members of other agencies, including the National Labor Relations Board. Two federal judges have ruled that Trump’s firings in those cases violated federal law.
The independence of agencies like the FTC is crucial for maintaining regulatory oversight without direct White House influence.
A ruling against the precedent set by Humphrey’s Executor v. U.S. could have significant implications for the autonomy of agencies regulating various sectors, including road safety, financial markets, and telecommunications.
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