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FTC Chair Andrew Ferguson Backs Trump’s Authority to Remove Commissioners

By  |  February 17, 2025
FTC, price surveillance, retail prices

Federal Trade Commission (FTC) Chair Andrew Ferguson is advocating for a policy shift that would allow President Trump to dismiss commissioners at will, per Axios. This move challenges long-standing legal precedent and could significantly impact the autonomy of federal agencies.

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    Implications of the Stance

    Ferguson, who assumed leadership of the FTC on January 20, is the first independent agency head to openly endorse the idea that board members serve at the president’s discretion. According to Axios, this aligns with Trump’s broader push to exert greater influence over independent regulatory bodies, a stance likely to face resistance from progressive activists and Democratic lawmakers.

    Recent Developments

    Ferguson is set to file a motion on Friday to officially change the FTC’s legal stance on the issue. This follows a letter from the acting solicitor general to Congress stating the Trump administration’s intent to challenge Humphrey’s Executor, a 90-year-old Supreme Court ruling that limits the president’s ability to remove independent agency leaders without cause.

    Read more: FTC Chairman Announces New Policy Limiting Engagement with American Bar Association

    That 1935 decision established protections for agency heads, but the Trump administration argues that such restrictions should be overturned, a position Ferguson strongly supports.

    Statements on the Issue

    “I agree with every word of the Acting Solicitor General’s letter. Humphrey’s Executor was wrongly decided, is deeply anti-democratic, and ought to be overruled,” Ferguson told Axios. He also stated that he will request his fellow commissioners to align the FTC’s stance with the president’s view.

    Broader Legal Context

    Legal scholars remain divided on the continued applicability of Humphrey’s Executor. A 2020 Supreme Court decision affirmed the president’s authority to remove the director of the Consumer Financial Protection Bureau, setting a precedent that could extend to other independent agencies.

    Future Considerations

    Trump has already dismissed the acting chair of the National Labor Relations Board (NLRB), prompting an investigation by Sen. Bernie Sanders (I-Vt.) into the president’s authority to do so. Meanwhile, the FTC is expanding its staff with new hires who are critical of Big Tech, signaling forthcoming regulatory battles.

    Source: Axios