Fighting the Consolidation of Power and Illegal FTC Purges

Slaughter et al v Trump et al

locked university gate represents constraints on free speech and academic freedom

Protect Democracy, along with Clarick Gueron Reisbaum LLP, has filed suit on behalf of Federal Trade Commission (FTC) Commissioners Rebecca Kelly Slaughter and Alvaro M. Bedoya, challenging the Trump administration’s illegal attempt to remove them without cause. The administration’s move is part of a broader effort to undermine federal agency independence and consolidate presidential power, threatening not only the separation of powers but also the economic welfare and safety of all Americans.

Why This Lawsuit Matters

Why This Lawsuit Matters

For nearly a century, Supreme Court precedent has protected agencies like the Federal Reserve and FTC from political interference. Left unchecked, by firing commissioners without any legal justification and before their Senate-confirmed terms end, the Trump Administration’s actions will

  • Allow Presidents of any political party–Democrat or Republican–to appoint political cronies to lead agencies instead of subject-matter experts, as Congress intended;
  • Weaken consumer protections by allowing political appointees to rubber-stamp corporate mergers that raise prices and cut wages.
  • Destabilize the economy by opening the door for the future president to fire Federal Reserve officials and manipulate monetary policy for political gain at the expense of the health of the U.S. economy.
  • Turn independent regulators into political weapons, threatening fair competition, investor confidence, and economic stability.
What’s at Stake

What’s at Stake

This lawsuit isn’t about party politics—it’s about ensuring that experts, not political loyalists, make critical economic decisions that impact businesses, markets, and everyday Americans.

FTC Commissioner Rebecca Kelly Slaughter explains why this fight should matter to every American:

The Federal Trade Commission catches scammers, prevents monopolies, and stops landlords from padding your rent bill with junk fees. We make rules that require tech companies to protect children’s privacy online. We promote competition in the pharmaceutical industry to drive prices down. And we can do all of this because the FTC can’t be bought with campaign contributions or bullied by politicians.

Commissioner Bedoya and I may be the ones with our names on this lawsuit—but if you buy groceries, fill up your gas tank, or pick up a prescription, and you care about inflation and economic fairness, this is your lawsuit, too.

Rebecca Kelly Slaughter, FTC Commissioner

FTC Commissioner Alvaro M. Bedoya warns of the risks ahead:

Last year, the FTC blocked the largest grocery store merger in history, even when politicians on both sides wanted it approved. Why? Because it would have raised prices and cut wages. If presidents can fire us for no reason, will future decisions be based on what’s best for the public—or on political donations?

Alvaro M. Bedoya, FTC Commissioner
    The Legal Fight

    The Legal Fight

    The lawsuit, filed in the U.S. District Court for the District of Columbia, argues that the president’s actions are illegal and violate long-standing legal protections for independent agencies like the FTC and Federal Reserve.

    The FTC was created in 1914 to protect Americans from unfair, deceptive, and fraudulent business practices. Congress explicitly barred presidents from firing commissioners without cause to ensure these agencies can operate with integrity and deploy their expertise for the general welfare of all Americans–as opposed to being pressured by short-term political needs.

    In 1935, the Supreme Court unanimously decided that a president cannot fire an FTC commissioner without cause. Yet, despite 90 years of Supreme Court precedent, the Trump Administration has unilaterally declared that Humphrey’s Executor—the landmark case affirming the FTC’s independence—is no longer valid.

    The Bottom Line

    The Bottom Line

    The law is clear: The president cannot fire an FTC commissioner without cause. This is an illegal attempt to strip Congress of its authority and to make independent agency commissioners into political lapdogs for the president of either party. Indeed, if this illegal move is allowed to stand, any future president—Democrat or Republican—could use this power to reward political allies and to silence dissenting voices.

    This fight is bigger than the FTC. It’s about defending the separation of powers and basic rule of law, and ensuring that independent agencies can continue to focus on protecting the safety and welfare of the American people.

    Case Documents

    Case Documents

    Featured Press

    Featured Press

    How Trump's firings could upend a 90-year-old Supreme Court ruling limiting his power

    March 21, 2025
    President Trump’s firings this week of the two Democratic members of the Federal Trade Commission drew fresh outrage from people who view the terminations as blatant abuses of power, and renewed assertions from the White House that the president has the authority to fire such officers at will.
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    Trump’s control over independent agencies tees up test of presidential power

    February 22, 2025
    President Trump’s efforts to expand control over independent agencies tees up a new test of presidential power that is already making its way through the courts.
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