Former McConnell Aide Considered by White House for FTC Role

The White House is considering naming Virginia Solicitor General Andrew Ferguson as a Republican commissioner for the Federal Trade Commission, according to people familiar with the matter.

Ferguson, a former aide to Senate Minority Leader Mitch McConnell of Kentucky, has served as Virginia’s lawyer in state and federal courts since December 2021. While a McConnell staffer, Ferguson was responsible for judicial confirmations, including that of Supreme Court Justice Amy Coney Barrett. He previously worked for Republican Senators Chuck Grassley of Iowa and Lindsay Graham of South Carolina.

McConnell has recommended Ferguson to the White House for the role, the people said, speaking anonymously to discuss confidential information. The final decision over the appointment is up to President Joe Biden, though the president generally defers to Senate leaders when selecting candidates for minority posts. By law, the five-member FTC can have no more than three members of the same political party.

The FTC has had a 3-1 Democratic majority since former Republican Commissioner Noah Phillips left the agency in October. This week the FTC’s sole remaining Republican, Commissioner Christine Wilson, said she would resign, citing her concerns about Biden’s FTC Chair Lina Khan. Wilson has not yet indicated the date on which she will leave the agency.

The White House didn’t have an immediate comment. Ferguson didn’t immediately respond to a request for comment.

--With assistance from Jordan Fabian, Akayla Gardner and Emily Birnbaum.

To contact the reporter on this story:
Leah Nylen in Washington at lnylen2@bloomberg.net

To contact the editors responsible for this story:
Sara Forden at sforden@bloomberg.net

Jon Morgan

© 2023 Bloomberg L.P. All rights reserved. Used with permission.