DOJ takes position that FTC commissioners can be fired without cause

The letter is here. The Supreme Court held otherwise in Humphrey’s Executor, but the letter calls for overturning that decision. The Supreme Court has thus far resisted attempts to get it to revisit Humphrey’s Executor but the administration’s effort ratchets up pressure to decide the issue. If the Supreme Court decides that FTC commissioners can be fired without cause, the Trump administration could replace the current Democratic commissioners with other commissioners more to their taste. The five-member FTC can’t have more than three commissioners from the same party, but that doesn’t mean the other two have to be Democrats or the ones President Biden nominated.