FTC chairman says president may remove commissioners; members dispute legality as litigation proceeds
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Summary
Chairman Andrew Ferguson told the House panel he believes the president can remove modern FTC commissioners at will following Supreme Court precedent, a stance lawmakers said conflicts with statutory protections and is central to ongoing litigation over recent commissioner terminations.
Washington — During an Appropriations subcommittee oversight hearing, Federal Trade Commission Chairman Andrew Ferguson said he believes presidents have removal authority over modern FTC commissioners, a position that members said raises questions about the commission’s independence and is at the center of pending litigation.
Ranking Member Mr. Hoyer told the committee that President Trump’s March removal of two Democratic commissioners prompted a court challenge. “In March, Donald Trump violated 90 years of Supreme Court precedent when he fired 2 Democratic FTC commissioners without any legal cause,” Hoyer said. He noted those commissioners are challenging the removals in court.
Ferguson responded that recent Supreme Court decisions have altered the legal framework. He said Humphrey’s Executor remains “good law” for the 1935 FTC, but the Supreme Court’s 2020 Seila Law decision limits Humphrey’s Executor where agencies “wield substantial executive authority.” “Both of them are accurate,” Ferguson said, adding that because the 2025 FTC has broader authorities, he believes commissioners are removable by the president.
Why it matters: The question of removal authority affects the FTC’s institutional independence and how commissioner votes and enforcement decisions are made. Several committee members warned that at‑will removals could politicize independent agencies and undermine staff morale.
Ferguson also said the agency is reviewing ongoing enforcement matters inherited from the previous administration and will continue, modify, or terminate them as appropriate. He described the FTC’s mission as “a cop on the beat” to enforce competition and consumer law.
Ending note: Multiple members pressed Ferguson about whether the presidential removal power compromises commissioners’ independence; Ferguson said he took an oath to enforce the law and viewed accountability to the president as part of democratic governance. The issue remains subject to judicial resolution in ongoing court filings.
