Communications Act Could Give FCC Commissioners Firmer Legal Footing Than Slaughter
Unlike the FTC, Congress intentionally designed the FCC as a bipartisan commission, one expert said
WASHINGTON, August 3, 2026 – The Federal Communications Commission faces distinct differences, and potentially firmer legal footing, than other independent agencies swept up in the Supreme Court’s June decision stripping commissioners of some removal protections.
In a paper for the Tech Policy Institute, longtime communications policy analyst Blair Levin, a former FCC chief of staff, argues that the FCC’s situation differs from that of agencies like the Federal Trade Commission in the wake of the June 29 ruling in Trump v. Slaughter. Under the ruling, the court held that the president may dismiss confirmed commissioners at independent agencies without cause.
