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In a bold move, two Democratic Federal Trade Commission (FTC) commissioners, Kelly Slaughter and Alvaro Bedoya, have filed a lawsuit against President Donald Trump, newly appointed Republican FTC chair Andrew Ferguson, and other officials, citing 90 years of Supreme Court precedent. The commissioners argue that their firing by Trump last week was illegal and are seeking reinstatement.
The lawsuit comes after Trump declared Slaughter and Bedoya dismissed from the FTC, with the White House confirming the move. The commissioners claim that Trump's actions violate a century of federal law and Supreme Court precedent, specifically referencing the 1935 case of Humphrey's Executor v. US. This ruling established that FTC commissioners cannot be removed without cause, which Trump has not provided in this case.
In their lawsuit, Slaughter and Bedoya point to statements made by Ferguson during his Senate confirmation hearing, where he promised to abide by binding Supreme Court precedent. The commissioners argue that without finding "inefficiency, neglect of duty, or malfeasance in office," they have a right to remain in office for the remainder of their seven-year term under the FTC Act.
The lawsuit has significant implications for the FTC's ability to regulate industries and enforce laws. With the commissioners' removal, the FTC's composition has shifted, potentially weakening its ability to take action on key issues. This development has sparked concerns among Democrats, who worry about the "corrupting influence of billionaires" and the potential for the FTC to become less effective in protecting consumers.
The case is being closely watched, with many observing the potential consequences for the balance of power between the executive and legislative branches. If successful, the lawsuit could set a precedent for limiting presidential authority in removing FTC commissioners. As the legal battle unfolds, the tech industry and consumers alike will be watching closely to see how this development affects the FTC's ability to regulate and protect.
In related news, Republicans are still pushing for child safety laws, while Democrats wonder if a weakened FTC can effectively enforce them. The ongoing debate highlights the importance of the FTC's role in regulating industries and protecting consumers, making the outcome of this lawsuit even more critical.
As the situation continues to evolve, The Verge will provide updates and analysis on the implications of this lawsuit for the tech industry and beyond.
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