[Congressional Record Volume 171, Number 65 (Thursday, April 10, 2025)]
[Senate]
[Pages S2555-S2556]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      CONFIRMATION OF MARK MEADOR

  Ms. KLOBUCHAR. Mr. President, I rise to oppose the nomination of Mark 
Meador as a member of the Federal Trade Commission (FTC). I respect Mr. 
Meador's qualifications and his prior experiences. In fact, I voted to 
advance his nomination out of the Commerce Committee because he has 
expressed support for strong antitrust enforcement that benefits 
consumers and small business, lowers prices, and spurs innovation, 
including continuing many cases currently ongoing at the Commission to 
free markets from the stranglehold of entrenched monopolies and stop 
anticompetitive mergers.
  But I cannot support the confirmation of any additional members to 
the FTC until Commissioner Slaughter and Commissioner Bedoya are 
reinstated. President Trump's dismissal of Commissioners Slaughter and 
Bedoya is not only illegal; it hurts consumers and small businesses by 
undermining the independence of the Agency that Congress established to 
protect consumers from fraud, scams, and monopoly power. An independent 
FTC is critical for protecting consumers and has done so in a 
bipartisan manner for over 110 years.
  Just last year, the FTC returned more than $330 million to consumers 
who lost money from scams and deceptive business practices; it blocked 
a merger of two large grocery chains that would have raised food 
prices; it worked to cap the cost of inhalers to $35 by challenging 
anticompetitive patent practices; it took on hidden fees in the 
ticketing and lodging markets; it unveiled rules to make it as easy to 
stop a subscription as it was to start it; and it has worked to rein in 
the monopoly power of Big Tech companies to ensure small businesses and 
innovators can thrive online.
  The President's attempt to remove independent Commissioners violates 
Congress's long-held power to establish bipartisan, multimember, expert 
commissions and to shield those commissions from political pressure 
with commonsense limits on the President's removal powers. The 
structure of the FTC has been upheld by the Supreme Court for 90 years, 
holding that Congress's power ``cannot well be doubted.'' While the 
Supreme Court recently struck down restrictions on the President's 
authority to remove Agencies led by a single individual, the Supreme 
Court declined to revisit precedent about independent Agencies run by 
bipartisan, multimember commissions, like the FTC. Now-Justice 
Kavanaugh, while serving on the DC Circuit, wrote that multimember 
independent Agencies like the FTC are part of a ``deeply rooted 
tradition'' that ``has been widely recognized by leading judges, 
congressional committees, and academics.''
  This is because bipartisan commissions allow Presidents to shape the 
direction of a commission while protecting the independent Agency from 
political meddling. For example, each President can influence the 
makeup of the FTC by nominating new members--as President Trump has 
done by nominating Mr. Meador--and appointing the Chair--as President 
Trump did by selecting Mr. Ferguson--and even appointing a new Chair if 
the President is displeased with his initial selection.
  Had the President not taken this illegal action, Republican 
Commissioners would have secured the majority on the Commission with 
the confirmation of Mr. Meador, with two Democratic Commissioners 
serving in the minority as required by law. While the minority 
Commissioners may not have had the power to stop the Republican 
majority from implementing its agenda, they would have served as a 
critical check on the Agency, as minority Republican Commissioners have 
in the past. They could have used their dissenting voices to hold the 
Agency accountable for any action that didn't serve to lower prices, 
protect consumers, or even the playing field for small, innovative 
businesses. If necessary, they could have pointed out corruption or 
backroom dealings. And they would have been able to change the 
Commission's course on specific actions by persuading a Republican 
Commissioner to join them. But if the President is allowed to 
unilaterally dismiss Commissioners, even Republican Commissioners would 
be powerless to stand up to the White House if ordered to take an 
illegal action at the expense of consumers because the President could 
fire them as well. Ultimately, removing the FTC's mandate to act 
independent of political pressure to protect consumers serves to harm 
those most in need. Only those who have political influence with the 
White House stand to gain.
  We have already seen some of the ramifications of the chaos wrought 
by these illegal firings. In a case about insulin pricing, there were 
no remaining Commissioners to hear the case because the two Republicans 
were both recused. This led Chair Ferguson to ``unrecuse'' himself, 
making him the sole decisionmaker in a matter in which he has a known 
conflict of interest. And last week, it was reported that multiple 
members of DOGE are now embedded in the Chair's office, raising the 
specter that the FTC may face cuts just as it is gearing up to take 
Meta--one of the world's richest companies--to trial this upcoming 
Monday for buying up competitors to dominate social

[[Page S2556]]

media markets. None of this helps consumers. None of this helps small 
businesses. None of this lowers prices or spurs innovation. Until these 
illegal firings are reversed, I cannot support Mr. Meador's nomination 
to the FTC.

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