| Andrew Ferguson's nomination and subsequent role as an FTC commissioner have been marked by significant controversy. This combination of political affiliations and actions raises questions about his approach to consumer protection and regulatory enforcement. Andrew Ferguson served as chief counsel to Mitch McConnell from 2019 to 2021. Due to McConnell’s lax views on antitrust regulation, Republican Senator Josh Hawley delayed Ferguson’s nomination as FTC commissioner in 2023 to determine whether Ferguson’s views differed from those of his former boss. During his time as a FTC commissioner however, Ferguson took an “unprecedented” step by attacking a core feature of the FTC as unconstitutional. |
Andrew Ferguson Served As Mitch McConnell’s Chief Counsel From 2019 Until 2021. According to Reuters, "Ferguson was chief counsel to U.S. Senate Republican Leader Mitch McConnell from 2019 until 2021. He has also worked for Senators Lindsey Graham and Chuck Grassley. McConnell applauded the nominations. 'We need brilliant and talented leaders to simultaneously protect American consumers and defend our economic future from far-left overreach,' McConnell said in a statement urging the Senate to 'confirm them without delay.'" [Reuters, 7/3/23]
December 2023: Josh Hawley Blocked Efforts To Fast-Track Andrew Ferguson’s FTC Commission Nomination After Raising Concerns About His Ties To Mitch McConnell. According to Punchbowl News, "Sen. Josh Hawley (R-Mo.) and Senate Minority Leader Mitch McConnell have been butting heads for months now on several fronts. This week, tensions between them are escalating. We first reported on Tuesday that Hawley is blocking an effort by leadership to fast-track a year-end nominations package that includes two former aides to McConnell. Andrew Ferguson, McConnell’s former chief counsel, was nominated to serve as an FTC commissioner. And Todd Inman, who was a campaign aide, was nominated for a National Transportation Safety Board role. When asked for comment, Hawley’s office sent us a statement that first noted the fact that both nominees once worked for McConnell and were recommended by the GOP leader for the roles. 'I have significant concerns with Senator McConnell’s views on transportation and safety policy, including rail safety, and I want to understand how Mr. Inman’s views do or do not differ,' Hawley’s statement continues. 'I [also] have significant concerns about Senator McConnell’s positions on antitrust and Big Tech. I want to understand whether and how Mr. Ferguson’s views differ.'" [Punchbowl News, 12/20/23]
October 2024: In An “Unprecendented” Statement, Andrew Ferguson Questioned The Independence Of FTC Judges, Directly Attacked The Agency’s Constitutionality. According to Bloomberg Law, "A Republican on the Federal Trade Commission questioned the legality of a key component of the agency’s in-house court, lending support to an argument now being taken up by several companies fighting FTC lawsuits. Laws shielding FTC administrative law judges from removal 'unconstitutionally interfere' with a president’s power to control the executive branch, Commissioner Andrew N. Ferguson said in an Oct. 18 statement. 'If the president does not control subordinate officers, then neither do the people,' he said. Ferguson, a former chief counsel for Republican Senate Leader Mitch McConnell (Ky.) who joined the FTC in April, made the argument even as he voted with the other commissioners to deny a motion to disqualify an FTC judge from hearing a case relating to alleged deceptive practices from tax services firm H&R Block Inc. [...] 'It’s in vogue now, so it’s not as if it comes out of left field,' John B. Kirkwood, a Seattle University law professor who led the FTC’s policy unit for 10 years, said. 'But it’s still rare, quite possibly unprecedented' for an FTC commissioner to attack the agency’s constitutionality." [Bloomberg Law, 10/22/24]