On Tuesday, President Donald Trump fired the two Democratic commissioners at the Federal Trade Commission (FTC), Alvaro Bedoya and Rebecca Kelly Slaughter, in a move that critics argue is both unconstitutional and a direct challenge to the agency’s independence. This action leaves the FTC with only two Republican commissioners, Chair Andrew Ferguson and Commissioner Melissa Holyoak, and has sparked intense backlash from Democratic senators and antitrust advocates.
The FTC is an independent agency established to enforce antitrust and consumer protection laws, operating under a bipartisan framework that prohibits more than three of its five commissioners from belonging to the same political party. The Supreme Court’s 1935 decision in Humphrey’s Executor v. U.S. established that FTC commissioners can only be removed for “inefficiency, neglect of duty, or malfeasance in office,” shielding them from direct presidential control.
Both Bedoya and Slaughter have characterized their firings as illegal, citing violations of the statute and Supreme Court precedent. Bedoya stated that Trump’s actions are “corruption, plain and simple,” while Slaughter noted that the president’s move undermines the agency’s independence and accountability.
“The law protects the independence of the Commission because the law serves the American people, not corporate power,” Slaughter wrote on X. “The reason that the FTC can be so effective for the American people is because of its independence and because its commissioners serve across political parties and ideologies.”
The FTC does not require a quorum to conduct business, meaning it can continue to bring cases with only two commissioners. However, the absence of opposition voices could influence how the agency handles investigations, particularly those involving large corporations. The FTC is currently involved in significant cases, including investigations into tech giants like Google.