Congressional Democrats Ask for Quick Reversal of FTC Firings
U.S. Supreme Court precedent affirms the legitimacy of multimember commissions like the FTC, so President Donald Trump’s firing of two Democratic commissioners should be reversed, congressional Democrats wrote in an amicus brief Monday (see 2504110049).
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Almost the entire Democratic Caucus signed onto a brief arguing Humphrey’s Executor and Seila Law confirm the validity of multi-member independent agencies. DOJ has said it plans to argue for a Humphrey's reversal.
The Trump administration may contend Seila Law narrowed the Humphrey's decision, the brief said. The court in Seila Law found the structure of the Consumer Financial Protection Bureau violated the separation of powers. The brief argues Seila Law clearly addressed only the “new phenomenon of removal protections for ‘principal officers who, acting alone, wield significant executive power.’” They requested the court grant the request from fired Commissioners Rebecca Kelly Slaughter and Alvaro Bedoya for an expedited summary judgment.
Six Democratic and independent senators didn’t sign the brief: Mark Kelly of Arizona, Ruben Gallego of Arizona, Angus King of Maine, Martin Heinrich of New Mexico, Chris Murphy of Connecticut and Jon Ossoff of Georgia. 210 out of 213 House Democrats signed the brief.