Slaughter, Bedoya Seek Expedited Ruling on FTC Reinstatement

They filed a motion for an expedited summary judgment with the U.S. District Court for the District of Columbia. The filing came a day after Senate confirmation of Commissioner Mark Meador, which secured a 3-0 majority for Republican FTC Chairman Andrew Ferguson. Some have speculated Meador’s addition means any 3-0 votes will hold up in court, even if Bedoya and Slaughter are reinstated.

Ferguson told us in March he plans to move forward with Children's Online Privacy Protection Act (COPPA) rules that comply with the Trump administration’s regulatory agenda (see 2503250051). His comments suggested the Republican majority could also table the prior administration’s comprehensive privacy rulemaking.

Kelley Drye attorneys in a Thursday post said Meador’s confirmation gives Ferguson a “clear and functional Republican majority, likely empowering him to advance matters without risk that any 2-0 votes could be nullified down the road should the two dismissed Democratic commissioners ultimately be reinstated.”

Slaughter and Bedoya argued a summary judgment should be granted because there are “no material facts in dispute,” given the U.S. Supreme Court’s decision in Humphrey’s Executor. “It is difficult to imagine a more obvious violation of governing law than the President’s attempt to remove, without cause, Plaintiffs as Commissioners of the FTC,” they said.

Bedoya and Slaughter, in a separate announcement, took issue with reports the Department of Government Efficiency inserted staffers at the agency. They asked Ferguson for information about DOGE accessing FTC data and documents and how that complies with the agency’s legal obligations to maintain confidentiality.

During his confirmation hearing in February, Meador was asked how he planned to monitor DOGE activity at the FTC. He told the Senate Commerce Committee the FTC must honor confidentiality protections for the data it collects from third parties as part of investigations. It’s important for businesses to trust that the agency keeps such data confidential, he said. The agency didn’t comment Friday.

Senate Commerce Committee ranking member Maria Cantwell, D-Wash., told us in a recent interview she’s hoping for legal clarity soon on the potential reinstatement of Slaughter and Bedoya. “You need a full and competent FTC, particularly on consumer protection and policy issues that they’ve gained expertise on, and why not have a functioning FTC?” Cantwell on Thursday said she voted against Meador’s confirmation in part because he refused to defend agency independence during his confirmation hearing.

Chairman Ted Cruz, R-Texas, told us the firings are obviously an attempt to set up a challenge of Humphrey's, which was “wrong when it was decided.” Cruz said “you’d have to ask the president” about his justification for the firings. However, he said the Constitution grants all executive power to the president, and the notion that the president can’t remove executive officers is “contrary to the text of the Constitution." Sen. Josh Hawley, R-Mo., said he’s hoping for an expedited decision on Humphrey's, which, he said, was “wrongly decided.”

“Don’t be surprised when President Trump names himself to the FTC here soon,” said Sen. Ben Ray Lujan, D-N.M. “I have not heard my Republican colleagues utter a word of concern, which should be concerning to all of us. This is supposed to be an independent agency calling balls and strikes to protect consumers.”

“What the president’s doing is patently illegal and probably unconstitutional and has to be tested in court,” said Senate Judiciary Committee ranking member Dick Durbin, D-Ill. Added Oregon Democrat Sen. Ron Wyden: The firings are “anti-competitive, anti-markets,” which is “bad for consumers.”