FTC Down To Two Commissioners After (Former) Commissioner Holyoak Leaves For U.S. Attorney Role

On November 17, 2025, (former) FTC Commissioner Melissa Holyoak left the FTC to become Utah's interim U.S. attorney. Holyoak left the FTC the same day the appointment was announced.

As a result of Holyoak's departure, the FTC is down to two commissioners: Chairman Andrew Ferguson and Commissioner Mark Meador. With the two Republican commissioners remaining, the vacancy is unlikely to lead to any material changes at the agency.

Recent Changes in FTC Commissioners

Holyoak and Ferguson were appointed by former President Joe Biden, with Commissioner Holyoak sworn in March 25, 2024, and Commissioner Ferguson sworn in (as a commissioner) on April 2, 2024. At the time, and through the end of the Biden administration, the FTC had five commissioners: Chair Lina Khan, Commissioners Rebecca Slaughter and Alvaro Bedoya (the three Democrats), and Commissioners Holyoak and Ferguson (the two Republicans).

On January 20, 2025, the day that President Donald Trump was sworn in, he named Commissioner Ferguson as the new Chair of the FTC and nominated Meador as a commissioner. Chair Khan then departed the FTC on January 31, 2025. The FTC Act, 15 U.S.C. § 41, says that "Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office," and a former Supreme Court case, Humphrey's Executor v. United States, interpreted this statute to mean that a President could not fire FTC commissioners without cause. Despite this ruling, President Trump fired Commissioner Slaughter and Commissioner Bedoya on March 18, 2025 (for more on that, see Crowell & Moring's blog post, Taking aim at Humphrey's Executor: Trump Fires the FTC's Democratic Commissioners, and client alert, Trump Fires the FTC's Two Democratic Commissioners. Commissioner Meador was sworn in on April 16, 2025.

Former Commissioner Lawsuits Challenging Their Firings

Slaughter challenged her firing in federal court in Washington, D.C. Bedoya initially joined Slaughter's lawsuit but formally resigned from the FTC in June, citing financial reasons, making him ineligible for reinstatement. The D.C. district court and D.C. Circuit sided with Slaughter, ruling that President Trump's move was illegal. The matter was appealed to the Supreme Court, which stayed the D.C. Circuit's ruling, temporarily blocking Slaughter's reinstatement. The U.S. Supreme Court will be taking up the full case and has scheduled oral arguments for December 8, 2025.

Looking Ahead

Though lately the FTC has had less, it is designed to have five commissioners, as the FTC Act says that the FTC "shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate." 15 U.S.C. § 41. The commissioners' terms are seven years, and anyone filling a vacancy is appointed only for the unexpired term of the commissioner they succeed, but after expiration of their term, a commissioner continues to serve until their successor is appointed. The FTC Act further states that the President can choose a chair and that "not more than three of the Commissioners shall be members of the same political party." 15 U.S.C. § 41. This means that President Trump may appoint another Republican to the Commission as well as two more commissioners who are not Republicans. It has been reported by Bloomberg that President Trump plans to nominate National Economic Council staffer Ryan Baasch to replace Holyoak on the FTC.

However, the FTC Act also states that a "vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission." 15 U.S.C. § 41. Therefore, President Trump does not have to appoint a replacement for Holyoak or fill the other two empty seats, and the FTC can continue enforcement even with the current vacancies.

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