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Newly appointed Federal Trade Commission Chair Andrew Ferguson praised his former boss, the conservative Supreme Court Justice Clarence Thomas, as the most important judge of the last 100 years, in a memo to agency staff honoring Black History Month. The message, obtained by The Verge and confirmed by the FTC, sheds light on how Ferguson may align himself with Thomas one of the courts foremost critics of techs legal liability shield Section 230 and a skeptic of diversity measures especially as the FTC chair is tasked with taking on consumer protection cases, which in the past have included considering the role of racial bias in technology.In the February 7th email, Ferguson took the opportunity to share his thoughts on Thomas, whom he clerked for and calls a friend. Thomas overcame a difficult upbringing and later had his views on the law pilloried by American elites, according to Ferguson. Rather than hold grudges against America for his experience of poverty and segregation, Ferguson says, Thomas pulled himself up by his bootstraps and proved that any American can overcome the hardships of the past and achieve greatness. More recently, that success has granted Thomas the opportunity to go on luxury vacations funded by billionaire Republican megadonor Harlan Crow, as ProPublica has reported. He later admitted that he inadvertently omitted their disclosure in his past public financial filings. While its difficult to draw a direct line to how Ferguson will implement these ideas in policy, its the latest indication of how the FTC chair will likely steer the agency in a far different direction from that of his predecessor, Lina Khan. Hes already declared that DEI is over at the FTC, claiming that any diversity, equity, and inclusion initiative denies to all Americans the Constitutions promise of equality before the law. In pitching himself for the job, Ferguson promised to fight wokeness, and hold big tech accountable and stop censorship, according to a document obtained by Punchbowl News. On Friday, Ferguson notified FTC staff that the agency would no longer let its political appointees participate in American Bar Association events or leadership, claiming the group has a long history of leftist advocacy.Thomas influence on Ferguson could be instructive for the direction of the agency, depending on how closely their views align. Thomas has long opposed affirmative action before getting the opportunity to scuttle it, and expressed heavy skepticism in oral arguments over race-conscious admissions about the virtues of creating a diverse educational environment. Hes gone out of his way to state publicly that the court should narrow Section 230 protections that shield tech platforms from being held responsible for their users posts, or moderating content. Ferguson, like Thomas, has expressed the opinion that tech companies have exercised too much power over speech, with too little restraint. Ultimately, Thomas could weigh in on tech cases brought by the FTC in the coming years, including antitrust cases against Meta and Amazon kicked off under prior administrations (in Metas case, during Trumps first term), providing an opportunity to check their market power. Under Khan, who was appointed chair by former President Joe Biden, the FTC commonly discussed the role of racial bias and discrimination in enforcement actions and reports, and posited diverse hiring as a potential solution to such problems. The FTC under Khan joined other agencies in asserting authority to tackle bias and discrimination in AI-automated systems, for example. In a 2022 report to Congress, FTC staff discussed the role of unconscious bias in contributing to biased outcomes from AI, and suggested dealing directly with the lack of diversity in the AI field. Shortly before Inauguration Day, the agency finalized a settlement order with facial recognition company IntelliVision, after accusing it of making false, misleading, or unsubstantiated claims that its AI-powered facial recognition software was free of gender or racial bias.Fergusons recent memos to staff indicate hes already taking a much different approach from Khan. The pullback from the ABA means that, among other things, antitrust defense lawyers will likely not hear directly from FTC officials as they usually do at a massive conference hosted by the association in DC each year. Lawyers, including those who represent Big Tech firms, often attend the conference to learn about the direction of the agencys enforcement priorities. Fergusons declaration came just a few days after the ABA issued a scathing statement condemning Trump administration officials statements that appeared to downplay courts role, alluding to Vice President JD Vances assertion that Judges arent allowed to control the executives legitimate power. The FTC chair lambasted the association as beholden to the interests of Big Tech, citing its Antitrust Law Sections critiques of a bill that sought to rein in the industrys power.Heres the full letter Ferguson sent to staff for Black History Month:Dear Colleagues,Last Friday, President Trump issued a Presidential Proclamation recognizing February 2025 as National Black History Month, and call[ed] upon public officials and all the people of the United States to observe this month with appropriate programs, ceremonies, and activities. In his Proclamation, President Trump correctly noted that black Americans have been among our countrys most consequential leaders, shaping the cultural and political destiny of our Nation in profound ways, and identified as Frederick Douglass, Harriet Tubman, Thomas Sowell, and Justice Clarence Thomas as American heroes.President Trump is right. Justice Thomas is an American hero. He is the most important judge of the last 100 years. He is a good and honorable man, and my friend. Because the President has called upon us to celebrate the achievements of men and women like Justice Thomas during Black History Month, I want to take this occasion to share a little about him.I encourage anyone who wants to learn about Justice Thomass incredible journey to watch the stirring 2020 documentary Created Equal: Clarence Thomas in His Own Words. Descended from West African slaves, Justice Thomas grew up in punishing poverty. He also grew up under a government that denied black citizens equality under the law. He could not walk through certain public parks, enter certain public libraries, or attend certain public schools because of the color of his skin. Justice Thomas thus would have more cause than most to level grievances and hold grudges against America.But he did the opposite. He believed in the promises of Americas founding, and he climbed to the highest heights of American government and society. One of the things that makes Americans distinct from the rest of the world is our belief that our past is not necessarily our destiny. With hard work, determination, and talent, any American can overcome the hardships of the past and achieve greatness. Justice Thomas is the living embodiment of that American spirit.He has overcome more than just a difficult upbringing. His views on the lawwhich he once articulated in lone dissents but which now command a majority of the Courtwere pilloried by American elites for years. He was, and is, the target of slurs and calumnies from progressive opponents. Many of these attacks have been explicitly racist. But he is uncowed. The same indominable spirit with which he overcame Jim Crow empowered Justice Thomas to reject elite naysayers and chart his own path in the lawa path that the Supreme Court now follows.Of course, he did not do this alone. Justice Thomass family helped push him to these heights. Justice Thomass grandfather, Myers Anderson, a hardworking small-business owner in Savannah, spurred Justice Thomas to excellence. His wife Ginni is an American patriot who has bravely and unapologetically supported her husband throughout his public career, even when his opponents resorted to shocking lies and smears. And Justice Thomas has long identified his deep Catholic faith as a source of strength and courage.I clerked for Justice Thomas. I came to know him as not just a great man, but also a good and decent person. He loves his law clerks like members of his family. And he knows and cares about the types of people that the average DC titan would pass right bycustodians, assistants, tour guides, and police officers. He remembers their birthdays, their children, and their health struggles.I can think of no better summary of Justice Thomass greatness, and no better defense of Americas promise, than the closing lines of his concurrence in Students for Fair Admission v. Harvard, in which the Supreme Court adopted Justice Thomass long-held view that race-conscious admissions policies violate the Constitutions promise of colorblind equality:While I am painfully aware of the social and economic ravages which have befallen my race and all who suffer discrimination, I hold out enduring hope that this country will live up to its principles so clearly enunciated in the Declaration of Independence and the Constitution of the United States: that all men are created equal, are equal citizens, and must be treated equally before the law.I wish you all a happy Black History Month.Andrew N. FergusonChairmanUnited States Federal Trade CommissionSee More:
