WASHINGTON, D.C. – On April 14, 2025, Senate Democrats, including Senator Maria Cantwell (D-Wash.), Ranking Member of the Senate Commerce Committee that oversees FTC policy, filed an amicus brief opposing President Donald Trump’s unlawful attempt to fire members of the Federal Trade Commission (FTC). FTC Commissioners Rebecca Slaughter and Alvaro Bedoya are duly appointed, Senate-confirmed Commissioners at an independent federal agency created by Congress. Trump’s illegal attempts to terminate them threaten the integrity of independent federal agencies and the FTC’s ability to enforce civil antitrust law and protect the public from fraudsters and monopolists.

The brief was also led by Senate Judiciary Antitrust Subcommittee Ranking Member Cory Booker (NJ), Democratic Leader Chuck Schumer (NY), Judiciary Ranking Member Dick Durbin (IL),  Senator Elizabeth Warren (MA), and Senator Amy Klobuchar (MN).

“The FTC for 100 years has protected consumers—from stopping predatory scams to blocking illegal mergers.  You can’t just fire commissioners because you don’t like them, you can only fire them for cause.  The FTC should be an independent, bipartisan consumer watchdog that puts consumers ahead of politics,” said Sen. Cantwell, who also led more than two dozen Democratic Senators in a March 19 letter calling on Trump to reverse the illegal firings.  

“The law is clear–the President of the United States does not have the power to fire an FTC Commissioner without cause,” said Sen. Booker. “The FTC catches scammers, breaks up monopolies, protects children’s privacy online, and encourages competition to keep prices low at the grocery store, pharmacy, and gas stations. Donald Trump’s illegal attempt to fire these Commissioners for no reason is a blatant attempt to strip the agency of transparency and accountability, at great cost to Americans. His actions violate nearly a century of Supreme Court precedent and Congress’ well-established constitutional practice of providing removal protections to members of the FTC and other independent agencies like the National Labor Relations Board (NLRB) and the Federal Reserve. I’m proud to lead this effort in the Senate and be joined by over 250 of my congressional colleagues to ensure the FTC continues to work for the American people and not for Trump’s billionaire friends.”

“It is disgusting – but not surprising – that the Trump administration is working overtime to dismantle the agency that handles antitrust law and enforces consumer protections,” said Leader Schumer.  "Lawlessness has been a hallmark of the first few months of this administration, and firing Senate-confirmed FTC commissioners is just one example. This reckless decision will lead to higher prices for American families by giving a green light to businesses across the country to gouge consumers. Senate Democrats will continue to fight against this corporate handout with every tool possible.”

“President Trump is yet again abusing the power of the presidency by unlawfully removing two FTC Commissioners.  The law and Supreme Court precedent are crystal clear: Commissioners Slaughter and Bedoya cannot be removed without good cause,” said Sen. Durbin. “I’m joining Senator Booker in filing this amicus brief to underscore that the President, whoever he may be, must follow the law.”

“Rebecca Slaughter and Alvaro Bedoya are talented, dedicated public servants who stand up for consumers and workers against big corporations’ abuse. Their illegal firings are a gift to corporations who want a free pass to gouge and scam American families,” said Sen. Warren. “We’re fighting back to make sure the Federal Trade Commission stays independent and fights for working people.”

“President Trump’s firing of Commissioners Slaughter and Bedoya was not only illegal, it also undermines the critical, bipartisan work that the FTC has carried out for over a century,” said Sen. Klobuchar. “We stand with the Commissioners and urge the court to immediately reinstate them so they can continue to take on monopoly power and protect consumers from fraud, scams, and corruption.”

Co-Chairs of the House Litigation and Rapid Response Task Force, Judiciary Committee Ranking Member Jamie Raskin (MD-08) and Assistant Democratic Leader Joe Neguse (CO-02), in conjunction with Democratic Leader Hakeem Jeffries (NY-08), Energy and Commerce Committee Ranking Member Frank Pallone, Jr. (NJ-06), and Antitrust Subcommittee Ranking Member Jerry Nadler (NY-12) led the brief in the House of Representatives. 251 Congressional Democrats signed the amicus brief. 

In Slaughter v. Trump, a case filed in the U.S. District Court for the District of Columbia challenging the unlawful attempted firings of FTC Commissioners Slaughter and Bedoya, the congressional amicus brief argues: 

1. The Supreme Court’s 1935 decision in Humphrey’s Executor makes clear that Congress has the power to create independent multimember agencies like the FTC and provide removal protections for FTC Commissioners;
2. Throughout our nation’s history, Congress has created independent agencies with multimember boards or commissions whose members enjoy removal protections, like the Commissioners of the FTC, and this established practice has been consistently upheld by the Supreme Court; and
3. Constitutional text and history support Congress’ constitutional authority to temper the President’s exercise of removal.

The full brief is available here.