It was not a partisan point. Constructing a court majority goes both ways. But so does constructing an FTC commissioner board majority! Note that commissioners

It was not a partisan point. Constructing a court majority goes both ways. But so does constructing an FTC commissioner board majority! Note that commissioners are seven year senate-confirmed presidential appointees. Similar oversight bodies exist for other federal agencies. This is a useful reminder that such positions are intended (endowed by powers by legislation, in fact) to set rules and govern executive behavior without stuff having to go to the Supreme Court.