The Federal Trade Commission (FTC) is in a state of flux — in part the natural result of a change in administrations, and in part unique to this change.
As the FTC’s website states:
The Commission is headed by five Commissioners, nominated by the President and confirmed by the Senate, each serving a seven-year term. No more than three Commissioners can be of the same political party. The President chooses one Commissioner to act as Chair.
Consistent with that structure, President Trump chose Andrew Ferguson, a republican Commissioner appointed last year, as the new FTC Chair, replacing Lina Khan.
Also consistent with that structure, on January 20, President Trump nominated Mark Meador as the third Republican Commissioner. His nomination is awaiting Senate confirmation. If confirmed, Mr. Meador would have filled out the ranks of the Commissioners, resulting in a three-Republican majority and a two-Democrat minority.
Yesterday (March 18), however, President Trump fired the two Democrats, Rebecca Slaughter and Alvaro Bedoya.
Can the President do that?
Rebecca Slaughter and Alvaro Bedoya don’t think so. And they will be testing it in the courts. Political perspectives aside, it does seem highly doubtful that Commissioners appointed to seven-year terms confirmed by the Senate can be summarily fired, but time will tell.
In the meantime, what happens to the FTC’s operations moving forward?
Does this open the door to the two Republican Commissioners — who together issued a 45-page, single-spaced scathing dissent of the Noncompete Rule — voting to dismiss the two appeals? If so, will the vote be invalidated (nunc pro tunc) if the dismissed-Commissioners are reinstated?
Stay tuned!