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Durbin, Congressional Democrats Fight Back Against Trump's Attacks On The FTC And Independent Agencies

SPRINGFIELD U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, along with U.S. Senator Cory Booker (D-NJ), Ranking Member of the Senate Judiciary Antitrust Subcommittee, led Senate and House Democrats in an amicus brief opposing President Donald Trump’s unlawful attempt to fire members of the Federal Trade Commission (FTC). FTC Commissioners Rebecca Slaughter and Alvaro Bedoya are duly appointed, Senate-confirmed Commissioners at an independent federal agency created by Congress. President Trump’s illegal attempts to terminate them threaten the integrity of independent federal agencies and the FTC’s ability to enforce civil antitrust law and protect the public from fraudsters and monopolists.

In addition to Durbin and Booker, the brief was led by Democratic Leader Chuck Schumer (D-NY), U.S. Senators Maria Cantwell (D-WA), Ranking Member of the Senate Commerce Committee, Elizabeth Warren (D-MA), and Amy Klobuchar (D-MN). The brief was led in the House by U.S. Representatives Jamie Raskin (D-MD-08), Ranking Member of the House Judiciary Committee, Joe Neguse (D-CO-02), Assistant Democratic Leader, Democratic Leader Hakeem Jeffries (D-NY-08), along with U.S. Representatives Frank Pallone, Jr. (D-NJ-06), Ranking Member of the House Energy and Commerce Committee, and Jerry Nadler (D-NY-12), Ranking Member of the House Judiciary Antitrust Subcommittee. In total, 251 Congressional Democrats signed the amicus brief. 

“President Trump is yet again abusing the power of the presidency by unlawfully removing two FTC Commissioners.  The law and Supreme Court precedent are crystal clear: Commissioners Slaughter and Bedoya cannot be removed without good cause,” said Durbin. “I’m joining Senator Booker in filing this amicus brief to underscore that the President, whoever they may be, must follow the law.”

“The law is clear–the President of the United States does not have the power to fire an FTC Commissioner without cause,” said Booker. “The FTC catches scammers, breaks up monopolies, protects children’s privacy online, and encourages competition to keep prices low at the grocery store, pharmacy, and gas stations. Donald Trump’s illegal attempt to fire these Commissioners for no reason is a blatant attempt to strip the agency of transparency and accountability, at great cost to Americans. His actions violate nearly a century of Supreme Court precedent and Congress’ well-established constitutional practice of providing removal protections to members of the FTC and other independent agencies like the National Labor Relations Board (NLRB) and the Federal Reserve. I’m proud to lead this effort in the Senate and be joined by over 250 of my congressional colleagues to ensure the FTC continues to work for the American people and not for Trump’s billionaire friends.”

“It is disgusting – but not surprising – that the Trump administration is working overtime to dismantle the agency that handles antitrust law and enforces consumer protections,” said Leader Schumer. “Lawlessness has been a hallmark of the first few months of this administration, and firing Senate-confirmed FTC commissioners is just one example. This reckless decision will lead to higher prices for American families by giving a green light to businesses across the country to gouge consumers. Senate Democrats will continue to fight against this corporate handout with every tool possible.”

“The FTC for 100 years has protected consumers—from stopping predatory scams to blocking illegal mergers.  You can’t just fire commissioners because you don’t like them, you can only fire them for cause.  The FTC should be an independent, bipartisan consumer watchdog that puts consumers ahead of politics,” said Cantwell.

“Rebecca Slaughter and Alvaro Bedoya are talented, dedicated public servants who stand up for consumers and workers against big corporations’ abuse. Their illegal firings are a gift to corporations who want a free pass to gouge and scam American families,” said Warren. “We’re fighting back to make sure the Federal Trade Commission stays independent and fights for working people.”

“President Trump’s firing of Commissioners Slaughter and Bedoya was not only illegal, it also undermines the critical, bipartisan work that the FTC has carried out forover a century,said Klobuchar. “We stand with the Commissioners and urge the court to immediately reinstate them so they can continue to take on monopoly power and protect consumers from fraud, scams, and corruption.”

“Donald Trump and Elon Musk are crippling the independent Federal Trade Commission, which is entrusted with protecting American consumers and ensuring a fair and competitive marketplace. These purported firings violate the law and a century of Supreme Court precedent, but they are no mistake. The FTC has been at the frontlines of holding to account the very billionaires and Big Tech CEOs who have donated millions to Trump and sat in the front row at Trump’s inauguration,” said Raskin. “That’s why Democrats are joining the fight to protect the FTC which has helped all Americans by stopping junk fees, ensuring prices are fair for American consumers at the grocery store, and preventing big business from stifling competition from small business owners.”

“The unlawful firing of FTC Commissioners is yet another example of the Trump administration’s continued executive overreach, and threatens the agency’s ability to carry out its mission,” said Neguse. “House Democrats won’t stand for it, and will continue to defend the constitution and rule of law.”

“House Democrats are united in our overwhelming opposition to Donald Trump’s unlawful attempt to fire members of the Federal Trade Commission appointed by Democratic Presidents. Congress created this commission and required it to be bipartisan to protect consumers and we will not stand by while Donald Trump rips it apart. I thank my Senate Democratic colleagues, Rep. Raskin, Rep. Pallone, Assistant Leader Neguse and the entire Litigation Working Group and Rapid Response Task Force for leading our effort to push back on this unprecedented takeover,” said Leader Jeffries.

“Trump’s attempt to fire the two FTC Commissioners—one of whom he himself appointed—is unlawful. Commissioners Slaughter and Bedoya must be reinstated to their rightful positions, and I’m proud to stand with my colleagues in fighting to restore an independent FTC that protects consumers,” said Pallone.

In Slaughter v. Trump, a case filed in the U.S. District Court for the District of Columbia challenging the unlawful attempted firings of FTC Commissioners Slaughter and Bedoya, the congressional amicus brief argues: 

  1. The Supreme Court’s 1935 decision in Humphrey’s Executor makes clear that Congress has the power to create independent multimember agencies like the FTC and provide removal protections for FTC Commissioners;
  2. Throughout our nation’s history, Congress has created independent agencies with multimember boards or commissions whose members enjoy removal protections, like the Commissioners of the FTC, and this established practice has been consistently upheld by the Supreme Court; and
  3. Constitutional text and history support Congress’ constitutional authority to temper the President’s exercise of removal.

The full brief is available here.

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