The Big Story 

Two Federal Trade Commission (FTC) members fired by President Trump sued him Thursday, setting up another major test of his administration’s expansionist view of presidential authority over independent agencies.

© Greg Nash, The Hill

Rebecca Kelly Slaughter and Alvaro Bedoya’s lawsuit seeks back pay and reinstatement under the Supreme Court’s 90-year-old precedent that has enabled for-cause removal protections for independent agency leaders. 

“Plaintiffs will not and do not accept this unlawful action: Plaintiffs bring this action to vindicate their right to serve the remainder of their respective terms, defend the integrity of the Commission, and to continue their work for the American people,” the complaint reads.

Like Trump’s other firings of independent agency leaders, the administration did not claim to have cause for firing the two FTC commissioners.  

In the termination letters, an administration official told the commissioners their continued service at the FTC was “inconsistent” with the administration’s policies but did not specify further.

The FTC is tasked with enforcing antitrust law and consumer protection, separate from the direction of the White House.

The government contends the agency leaders’ removal protections are unconstitutional, a position that could prompt the Supreme Court to revisit its 1935 precedent allowing such protections, Humphrey’s Executor v. United States. 

Several of the court’s conservatives have expressed skepticism about the precedent, and more broadly have issued rulings in recent years clawing back the so-called “administrative state.”

The White House continued to defend its decision in response to the suit filing Thursday. 

"The Trump Administration operated within its lawful authority when it determined that the service of the former FTC commissioners was inconsistent with the Administration’s priorities," White House press assistant Taylor Rogers told The Hill in a statement. 

"The President will continue to implement his common sense agenda, which the American people decisively voted for," Rogers added. 

Read more in a full report at TheHill.com.

Welcome to The Hill’s Technology newsletter, we're Miranda Nazzaro and Julia Shapero — tracking the latest moves from Capitol Hill to Silicon Valley.

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Crypto Corner 

Trump's SEC pick prioritizes crypto clarity

© AP Photo/ Evan Vucci

President Trump’s pick to lead the Securities and Exchange Commission (SEC) is preparing to make regulatory clarity for crypto a priority if confirmed.

Paul Atkins, a former commissioner for the SEC, appeared before the Senate Banking Committee on Thursday for his confirmation hearing alongside three other nominees.

“A top priority of my chairmanship will be to work with my fellow commissioners and Congress to provide a firm regulatory foundation for digital assets through a rational, coherent and principled approach,” Atkins told senators.

Atkins is expected to represent a sharp departure from former SEC chair Gary Gensler, who was widely disliked by Republicans and industry, especially the crypto community. 

“You just have to be able to breathe and not be a complete raging lunatic, and you’re going to be the greatest SEC commissioner compared to the last guy,” Sen. Bernie Moreno (R-Ohio) said.

However, Democrats appeared skeptical of Atkins, pressing him on his work at the SEC leading up to the 2008 financial crisis and his involvement in the controversial Project 2025 effort.

“Mr. Atkins has an almost perfect track record,” Sen. Elizabeth Warren (D-Mass.) said. “He got pretty much everything wrong in the run-up to the biggest financial crash since the Great Depression. That is not a record that deserves promotion.”

Crypto Corner is a daily feature focused on digital currency and its outlook in Washington. Send us tips: email Miranda and Julia.

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