Hats off to FTC commissioner and MD resident who fought Trump

If you have heard of Rebecca Kelly Slaughter, it may be because the Supreme Court ruled against her after she sued the president for removing her as a commissioner of the Federal Trade Commission. The Court’s decision that the president has the power to fire commissioners of independent agencies without cause notwithstanding a statute that said the contrary has already occasioned considerable commentary and will surely generate much more. But we want to say a few words about Slaughter, a Maryland resident.

Slaughter is a long-time public servant. President Trump nominated her to her first term as an FTC commissioner in 2018, and she was later reappointed by then-President Biden. Slaughter also briefly served as the FTC’s acting chair. She played an important role in much of what the FTC did during her tenure. Even a sample of those activities conveys their extraordinary range: They include protecting consumers from deception and unfair practices, enforcing antitrust law, protecting children’s online privacy, ensuring data security, stopping unfair discrimination and studying dark patterns and other troubling conduct. It had long been a truism that the FTC could not issue new regulations, and yet during Slaughter’s time there, the FTC rediscovered the ability to promulgate regulations, such as its rule banning junk fees in live-event ticketing and short-term lodging.

On top of that, Slaughter made a personal sacrifice for the public. Had Slaughter obtained other employment after her removal from the Commission, she would have had to resign formally from the FTC, because ethical restrictions prevent FTC commissioners from receiving outside income. But resigning would have brought her suit to an end. Indeed, the other FTC Commissioner the president fired did resign for that reason. We certainly do not criticize him for providing for his family. But we think Slaughter deserves recognition for the income she sacrificed to litigate her case. Her example contrasts dramatically with the corruption complaints often levelled at public servants.

Whatever your view of the Supreme Court’s decision in Trump v. Slaughter, the FTC during Slaughter’s time there, or Slaughter’s position in the case, you can be grateful that we have public servants willing to sacrifice for the country. Slaughter deserves our thanks.

Editorial Advisory Board Members Arthur F. Fergenson and Debra G. Schubert did not participate in this opinion.

EDITORIAL ADVISORY BOARD MEMBERS

James B. Astrachan, Chair

Gary E. Bair

Jill P. Carter

Arthur F. Fergenson

Nancy Forster

Susan Francis

Julie C. Janofsky

Ericka N. King

George Liebmann

George Nilson

Steven I. Platt

Angela W. Russell

Debra G. Schubert

Jeff Sovern

H. Mark Stichel

The Daily Record Editorial Advisory Board is composed of members of the legal profession who serve voluntarily and are independent of The Daily Record. Through their ongoing exchange of views, members of the board attempt to develop consensus on issues of importance to the bench, bar and public. When their minds meet, unsigned opinions will result. When they differ, or if a conflict exists, majority views and the names of members who do not participate will appear. Members of the community are invited to contribute letters to the editor and/or columns about opinions expressed by the Editorial Advisory Board.