Andrew N. Ferguson
Andrew Ferguson | |
|---|---|
 Official portrait, 2024 | |
| Chair of the Federal Trade Commission | |
Presumptive nominee | |
| Assuming office TBD | |
| President | Donald Trump (elect) |
| Succeeding | Lina Khan |
| Commissioner of the Federal Trade Commission | |
| Assumed office April 2, 2024 | |
| President | Joe Biden |
| Preceded by | Noah J. Phillips |
| Personal details | |
| Political party | Republican |
| Education | University of Virginia (BA, JD) |
Andrew N. Ferguson is an American lawyer serving since 2024 as a commissioner of the Federal Trade Commission. He previously served as solicitor general of Virginia from 2022 to 2024.
Early life and education
[edit]Ferguson was born and grew up in Harrisonburg and Rockingham County, Virginia.[1] He graduated from the University of Virginia in 2009 with a Bachelor of Arts in history with highest distinction. He attended the William & Mary Law School for one year before transferring to the University of Virginia School of Law, where he was an articles editor of the Virginia Law Review. He graduated in 2012 with a Juris Doctor.[1]
Legal career
[edit]After law school, Ferguson was a law clerk to judge Karen L. Henderson on the United States Court of Appeals for the District of Columbia Circuit. He practiced antitrust law at the law firms Covington & Burling, Bancroft PLLC, and Sidley Austin, where he represented clients in private antitrust litigation and before the Federal Trade Commission and United States Department of Justice.[1] From 2016 to 2017, he clerked for U.S. Supreme Court Justice Clarence Thomas.[1] Ferguson then served as chief counsel for nominations and the constitution to then chairman of the United States Senate Committee on the Judiciary, Lindsey Graham, and as senior special counsel to then-judiciary committee chairman Chuck Grassley.[1] He served as chief counsel to Mitch McConnell from 2019 until 2021.[1] In that role, he was leader McConnell's chief legal advisor and judicial confirmation strategist.[1]
In January 2022, Ferguson was selected by then attorney general of Virginia-elect Jason Miyares as the solicitor general.[2] He succeeded Michelle Kallen the following month.[3] He oversees the appellate litigation of Virginia and its agencies; represents Virginia before the Supreme Court of the United States, the Supreme Court of Virginia and the federal courts of appeals; and defends Virginia's statutes and regulations from constitutional challenge.[1]
Federal Trade Commission
[edit]Appointment
[edit]A Republican, Ferguson was nominated by U.S. president Joe Biden in July 2023 to serve as a member of the Federal Trade Commission.[4] Ferguson's nomination was reported favorably by the United States Senate Committee on Commerce, Science, and Transportation on October 18, 2023, by voice vote.[5] His nomination was confirmed by the full U.S. Senate by voice vote on March 7, 2024.[6]
Commissioner
[edit]In June 2024, Ferguson, dissented when the Commission issued a final rule banning non-compete clauses in most employment contracts.[7][8] In August 2024, U.S. District Judge Ada Brown issued a nationwide injunction prohibiting enforcement of the rule.[9]
In September 2024, Ferguson dissented when the Commission conditioned approval of the $53 billion acquisition of Hess Corporation by Chevron Corporation upon the prohibition of John B. Hess from the company's board.[10][11]
In October 2024, Ferguson argued in a partial dissent from a disqualification motion that the removal protections provided to the Commission's administrative law judges are unconstitutional.[12][13]
References
[edit]- ^ a b c d e f g h "President Biden Announces Nominees to Bipartisan Boards and Commissions". The White House. 2023-07-03. Retrieved 2023-07-04.
This article incorporates text from this source, which is in the public domain.
- ^ "Miyares picks ex-McConnell counsel as solicitor general". Associated Press. 2021-12-08. Retrieved 2023-07-04.
- ^ Steger, Preston (January 14, 2022). "Jason Miyares shakes up staff before becoming Virginia's attorney general". 13newsnow.com. Retrieved 2023-07-04.
- ^ "Biden names two Republican nominees for FTC commissioner, White House says". Reuters. 2023-07-03. Retrieved 2023-07-04.
- ^ "Commerce Committee Advances FAA Administrator, FTC Commissioners, CPSC Commissioner and Amtrak Board of Directors" United States Senate Committee on Commerce, Science, and Transportation, October 18, 2023
- ^ "PN799 — Andrew N. Ferguson — Federal Trade Commission" United States Senate, March 7, 2024
- ^ Moreno, J. Edward (24 April 2024). "F.T.C. Issues Ban on Worker Noncompete Clauses". The New York Times. p. A1. Retrieved 30 November 2024.
- ^ Dissenting Statement of Commissioner Andrew N. Ferguson joined by Comissioner Melissa Holyoak, In the Matter of the Non-Compete Clause Rule, Matter Number P201200 (June 28, 2024).
- ^ Kay, Danielle (20 August 2024). "Judge Blocks F.T.C.'s Noncompete Rule". The New York Times. Retrieved 30 November 2024.
- ^ Godoy, Jody (30 September 2024). "US FTC allows Chevron-Hess deal, bars John Hess from board". Reuters. Retrieved 30 October 2024.
- ^ Dissenting Statement of Commissioner Andrew N. Ferguson In the Matter of Chevron Corporation and Hess Corporation, FTC File No. 241-0008, 89 FR 80563 (October 3, 2024)
- ^ Wise, Justin (22 October 2024). "Republican FTC Commissioner Provokes Spat Over In-House Judges". Bloomberg Law. Retrieved 30 October 2024.
- ^ Statement of Commissioner Andrew N. Ferguson Dissenting in Part and Concurring in the Denial of the Motion In the Matter of H&R Block, Inc., FTC Docket No. 9427 (Oct. 18, 2024)
