President Trump has fired FTC Commissioners Rebecca Slaughter and Alvaro Bedoya for reasons unrelated to their performance. The President’s action is clearly inconsistent with Humphrey’s Executor v. United States, the pillar of the administrative state, and is (most likely) intended to overturn the limitations on the President’s power to control the “independent agencies.” Slaughter and Bedoya have filed a lawsuit to be reinstated to the Commission. The podcast is joined by TechFreedom’s Corbin Barthold (host of the Tech Policy Podcast) to discuss whether Humphrey’s Executor will be over-ruled. Note: This episode was recorded just before the D.C. Circuit issued an interlocutory order addressing the president’s removal power as to the NLRB and the MSPB.
President Trump has fired FTC Commissioners Rebecca Slaughter and Alvaro Bedoya for reasons unrelated to their performance. The President’s action is clearly inconsistent with Humphrey’s Executor v. United States, the pillar of the administrative state, and is (most likely) intended to overturn the limitations on the President’s power to control the “independent agencies.” Slaughter and Bedoya have filed a lawsuit to be reinstated to the Commission.
The podcast is joined by TechFreedom’s Corbin Barthold (host of the Tech Policy Podcast) to discuss whether Humphrey’s Executor will be over-ruled.
Note: This episode was recorded just before the D.C. Circuit issued an interlocutory order addressing the president’s removal power as to the NLRB and the MSPB.
Links:
Tech Policy Podcast (TechFreedom, Corbin Barthold)
The Cautionary Tale of the Failed 2002 FTC/DOJ Merger Clearance Accord (Lauren K. Peay, 2019)
Comments on the FTC-DOJ Clearance Process, Before the Antitrust Modernization Commission (Timothy J. Muris, Nov. 2005)
The FTC Firings Are About Something Bigger than Policy or Personnel (Joe Sims)