If Lina Khan Refuses to Step Down from FTC, Trump’s Pick for Chair Will Be Put in a Unusual Position

Story by Joe Light • 50m • 3 min read


FTC chair Lina Khan.
© Kevin Dietsch/Getty Images

One by one, President Joe Biden’s agency heads have said they’ll step down in time for President-elect Donald Trump’s inauguration in January. The major exception so far: Federal Trade Commission Chair Lina Khan. Many analysts expect her to announce her resignation in coming weeks, but she could remain a thorn in her successor’s side for as long as she chooses to stay.

Trump last week picked current commissioner Andrew Ferguson, a Republican, to chair the FTC. Trump also said that he would nominate antitrust attorney Mark Meador to replace Khan, whose spot on the commission expired in September.

Since Ferguson has already been confirmed by the Senate, his elevation to chair can be done with the stroke of a pen. However, confirming Meador could take the Republican-controlled Senate months to get around to, depending on which of Trump’s nominations they prioritize.

Until Meador steps in, Khan is able to keep serving as a commissioner—which would leave Ferguson in the unenviable position of presiding over a commission where he’s in the minority. While the chair in effect acts as the chief operating officer of the agency, setting the agenda for its thousands of employees, major decisions on rulemaking or on bringing or dropping litigation comes down to a vote by the five FTC commission members.

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