Part of what makes developments like these important is the real-world impact the move will have. “By illegally firing two senate-confirmed Democratic commissioners, Trump has given a green light to businesses across the country to gouge consumers and skyrocket prices for American families,” Senate Minority Leader Chuck Schumer said in a statement. The New York Democrat added, “Make no mistake about it: this decision will directly lead to higher prices for Americans.”
In her own statement, Democratic Sen. Amy Klobuchar of Minnesota said: “Illegally gutting the Commission will empower fraudsters and monopolists, and consumers will pay the price.”
That’s true. The Federal Trade Commission enforces a variety of consumer protection rules, including antitrust laws, and the more the White House undermines the FTC and its work, the worse it will be for the public.
The senators’ use of the word “illegally” was also highly relevant: The Supreme Court ruled in 1935 that FTC commissioners can only be fired for good cause, such as neglecting their duties. The White House appears to have simply ignored this precedent and ousted two FTC commissioners anyway — not because of poor performance, but because they were Democratic appointees.
Both Bedoya and Kelly are reportedly preparing to take the matter to court, and if recent history is any guide, Trump’s Justice Department will likely struggle to defend the decision.
But stepping back, there’s a larger concern that’s worth appreciating.