Project 2025 Tracker / What’s done, what’s next

Section 5 · Independent Regulatory Agencies

30 Federal Trade Commission

869–882 · Adam Candeub

  • 1 done
  • 5 partially done
  • 3 attempted
  • 6 not started

Major recommendations (2)

What has happened

The Mandate said

“it is for this reason that conservatives have long believed in either ending law enforcement activities of independent agencies or ending their independent status.”

What happened

Done

Trump v. Slaughter, 609 U.S. ___ (2026): the Court held 6–3 (Roberts, C.J.) that the FTC Act's for-cause removal provision is contrary to the separation of powers and overruled Humphrey's Executor. FTC commissioners now serve at the President's pleasure; the Commission's independent status is ended, by judgment rather than by the statute the Mandate contemplated.

The Mandate said

“it is for this reason that conservatives have long believed in either ending law enforcement activities of independent agencies or ending their independent status.”

What happened

Attempted

The Supreme Court stayed the district court's order (after the Chief Justice's administrative stay of 2025-09-08), granted certiorari before judgment and set the case for the December sitting on whether the FTC's removal protections violate the separation of powers and whether Humphrey's Executor should be overruled; Slaughter was out of office again.

The Mandate said

“it is for this reason that conservatives have long believed in either ending law enforcement activities of independent agencies or ending their independent status.”

What happened

Blocked

Judge AliKhan (D.D.C.) granted Slaughter summary judgment, declared her removal ultra vires under Humphrey's Executor and enjoined interference with her duties; Bedoya's claims were dismissed as moot after he resigned. The D.C. Circuit denied a stay pending appeal on 2025-09-02 (Rao, J., dissenting).

The Mandate said

“it is for this reason that conservatives have long believed in either ending law enforcement activities of independent agencies or ending their independent status.”

What happened

Attempted

The President removed the FTC's two Democratic commissioners, Rebecca Slaughter and Alvaro Bedoya, without stating a statutory cause, citing his Article II authority — a direct test of the for-cause protection that makes the FTC independent. Chairman Ferguson endorsed the removals the next day; the commissioners sued in D.D.C. on 2025-03-27 (Slaughter v. Trump, 1:25-cv-00909).

The Mandate said

“it is for this reason that conservatives have long believed in either ending law enforcement activities of independent agencies or ending their independent status.”

What happened

Attempted

Executive Order 14215 subjected independent regulatory agencies, the FTC included, to OIRA regulatory review, White House liaison and the President's and Attorney General's controlling legal interpretations — supervision by directive, with the FTC Act's for-cause removal clause still in place.

Still to come

Executive action 5

  1. 872 Reinstate the FTC's 2015 Policy Statement on unfair methods of competition Notable Not started
  2. 872 Expand the consumer welfare standard beyond price alone Minor Not started
  3. 872 Apply the same standard of proof to claimed efficiencies as to competitive harm Minor Not started
  4. 876 Create a state AG cooperation role in the FTC Chairman's office Minor Not started
  5. 876 Return authority to the FTC's regional offices Minor Not started

Needs Congress 1

  1. 872 Vest antitrust enforcement solely in the Department of Justice Major Not started

All recommendations in this chapter

Every recommendation this chapter is the home of, in printed-page order.

  1. 872 Vest antitrust enforcement solely in the Department of Justice Needs Congress Not started
  2. 872 Reinstate the FTC's 2015 Policy Statement on unfair methods of competition Not started
  3. 872 Expand the consumer welfare standard beyond price alone Not started
  4. 872 Apply the same standard of proof to claimed efficiencies as to competitive harm Not started
  5. 873 End the FTC's independent status or its law enforcement activities Needs Congress Done
  6. 873 Create an FTC ESG/DEI collusion task force Partially done
  7. 873 Have Congress investigate ESG practices as cover for anticompetitive activity Needs Congress Partially done
  8. 874 Treat managers' insertion of ESG/DEI values into contracts as an unfair trade practice Attempted
  9. 874 Treat de-banking and political deplatforming as an unfair trade practice Attempted
  10. 875 Examine platform advertising and contracts with children as unfair trade practices Partially done
  11. 875 Bring unfair trade practice cases over children's contracts without parental consent Partially done
  12. 875 Extend COPPA past age 13 and adopt a constructive knowledge standard Needs Congress Attempted
  13. 876 Give the FTC an educational role empowering parents online instead of regulating Partially done
  14. 876 Create a state AG cooperation role in the FTC Chairman's office Not started
  15. 876 Return authority to the FTC's regional offices Not started

Also cited in this chapter

Recommendations whose home is another chapter but which this chapter repeats.

  1. Seek to overturn Humphrey's Executor v. United States Done