Friday, U.S. Senator Richard Blumenthal expressed concerns regarding the independence of the Federal Trade Commission (FTC) and the potential illegal dismissal of Democratic commissioners. Blumenthal's inquiry centers on FTC Chairman Andrew Ferguson's previous comments suggesting that the President should have the authority to remove commissioners who do not align with his agenda, despite such actions being prohibited by law except in specific circumstances like corruption.

Ferguson, appointed by President Joe Biden in April 2024, has been a critic of certain decisions made by his Democratic predecessor, Lina Khan, and has recently voiced his intention to have the FTC's positions reflect those of the Trump administration. This stance follows an instance in January when Democratic Commissioner Alvaro Bedoya voted against Ferguson's proposal to repeal the agency's diversity, equity, and inclusion statements, leading Ferguson to imply that Bedoya was not adhering to Trump's directives.

The FTC, established by Congress to enforce antitrust and consumer protection laws, operates as a bipartisan entity with commissioners serving seven-year terms. The U.S. Supreme Court reinforced this structure in 1935, ruling that commissioners could only be dismissed for good cause, a decision aimed at safeguarding independent agencies from executive interference.

Despite this, Trump has attempted to exert influence over independent agencies, and the acting solicitor general has argued that the protections for the FTC should be overturned. Trump's actions have sparked several lawsuits in response to his termination of members from other independent boards early in his tenure.

Blumenthal, in his request for clarification from Ferguson, warned that adopting Ferguson's view could lead to commissioners being replaced with each new administration, potentially undermining the bipartisan nature of the agency. He underscored the importance of the current requirement that no more than three commissioners belong to the same political party, hinting that disregarding this could question the necessity of nominating minority party commissioners at all. Blumenthal has requested a response from Ferguson by March 1, seeking an explanation of his position and disclosure of any discussions about firing Democratic commissioners.

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