News of billionaire LinkedIn co-founder Reid Hoffman’s desire for Vice President Kamala Harris to replace Lina Khan as the chair of the Federal Trade Commission (F.T.C.) in the event of a victory in the November election has sparked controversy. This move has raised concerns among Democrats about the future of antitrust policies under a Harris administration.
Implications of Changing F.T.C. Leadership
As one of the most influential regulators in the Biden administration, Lina Khan’s position as F.T.C. chair is crucial. The potential replacement of Khan by Harris would have significant implications for the enforcement of antitrust regulations.
Presidential Power Constraints: According to the 1935 Supreme Court case Humphrey’s Executor v. United States, a president cannot dismiss an F.T.C. commissioner without just cause. While a president can designate the chair from existing members, removing Khan and appointing a successor could be a delicate process.
Complex Political Dynamics: Khan’s term is set to end in September, but she could continue until a replacement is confirmed by the Senate. The nomination and confirmation process may be time-consuming, especially if the Senate makeup changes after the November elections, potentially complicating any efforts to replace Khan.
Interestingly, even some within the Republican party, such as Senator JD Vance of Ohio, have expressed support for Khan due to her stance against Big Tech companies, adding another layer of complexity to the political landscape surrounding F.T.C. leadership.
