This Week at the Ninth: The FTC (Always) Wins
By EsqSocial Corporation 01/02/21
This week, a divided Ninth Circuit panel holds (with some apparent reluctance) that constitutional challenges to the Federal Trade Commission (FTC) cannot be brought directly in federal court, but must instead wend their way through the FTC’s review process. AXON ENTERPRISE v. FTC The Court holds that district courts lack jurisdiction over claims challenging the constitutionality of the FTC’s structure and its adjudicative procedures. The panel: Judges Siler (CA6), Lee, and Bumatay, with...
By: Morrison & Foerster LLP - Left Coast Appeals