The FTC may have lost its Democratic majority, but Chair Lina Khan still has the power to pump out the kinds of progressive actions that have set Silicon Valley’s giants on edge
FTC Chair Lina Khan has been assertive in wielding party-line votes to turn up the heat on corporate power since becoming chair in June. | Graeme Jennings-Pool/Getty ImagesIt’s been nearly a month since the Federal Trade Commission lost its Democratic majority — but Chair Lina Khan still has the power to pump out the kinds of progressive actions that have set Silicon Valley’s giants on edge.
Republicans complain that the Democrats are wielding “zombie” votes, noting that Chopra has moved on to a new job running the Consumer Financial Protection Bureau for President Joe Biden. A debate is raging inside the FTC whether a commissioner’s votes should count once he or she has left the agency.
“Today, two sitting commissioners join forces with a zombie vote cast weeks ago by the sitting Director of the Consumer Financial Protection Bureau,” Republican Commissioners Noah Phillips and Christine Wilson. In a footnote, they added that Chopra had cast his vote “weeks ago … and earlier this week the Chair and Commissioner [Rebecca Kelly] Slaughter opted to announce it.”
“Not only are the votes on Commissioner Chopra's motions legal, they are a reflection of the commission’s work to aggressively tackle some of the most important issues impacting today’s American consumers, workers and businesses,” spokesperson Lindsay Kryzak said. They said it works like this: Any of the five commissioners can introduce a motion for a vote. If no one responds, the motion fails after a month. But if another commissioner seconds it, the motion can live on for another 30 days.
Depending on how Khan chooses to use Chopra’s votes, the agency may have a legal fight on its hands, experts in the FTC’s procedures said.
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