“Zombie” Voting at the Federal Trade Commission

Source: The Volokh Conspiracy
by Jonathan H Adler

“The Federal Trade Commission is an independent regulatory agency that is supposed to have five commissioners, no more than three of which may be members of the same political party. At the moment, however, it has only four — two Democrats and two Republicans — as one commissioner (Rohit Chopra) left the Commission to take the helm of the Consumer Finance Protection Bureau. This creates the potential of a 2-2 deadlock on controversial matters until the Senate confirms a fifth commissioner. FTC Chair Lina Khan has an ambitious agenda for the Commission, however, and seems intent not to let the 2-2 split get in her way. And at least for the moment, she seems to have found a way to create a 3-2 Commission majority on important matters: Rely on ‘zombie’ votes cast by Chopra before his departure to provide the tie-breaker on matters currently before the commission.” (11/11/21)