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Yo_Mama_Been_Loggin

(108,212 posts)
Fri Apr 14, 2023, 01:29 PM Apr 2023

Supreme Court lets challenges to federal agencies go forward

Source: AP

WASHINGTON (AP) — The Supreme Court is allowing challenges to the structure of two federal agencies to go forward in federal court.

The high court ruled unanimously Friday to allow challenges to the structures of the Federal Trade Commission and the Securities and Exchange Commission to go forward in federal court. Lower courts had split on whether those challenges could proceed.

In one case, the FTC had brought an enforcement action against Axon Enterprise, the Arizona-based company best known for developing the Taser, arguing that its purchase of its competitor Vievu for approximately $13 million was improper. The other case involved an SEC enforcement action against Michelle Cochran, a certified public accountant. Axon and Cochran responded by suing in federal court and arguing that the structure of the FTC and SEC respectively are unconstitutional. Each said that the administrative law judges that oversee enforcement actions are insufficiently accountable to the president, in violation of separation-of-powers principles in the Constitution.

Both lawsuits were initially dismissed. Axon and Cochran appealed and while a federal appeals court in California said Axon's lawsuit could not go forward, a federal appeals court based in New Orleans said Cochran's case could move ahead.

Read more: https://www.msn.com/en-us/money/companies/supreme-court-lets-challenges-to-federal-agencies-go-forward/ar-AA19S3BI

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jaxexpat

(6,849 posts)
2. I sense a charge for business to be held less accountable..
Fri Apr 14, 2023, 01:46 PM
Apr 2023

Amiwrong? Seems the push to thwart investigation/enforcement plays into the hands of GOP favored business mal-practice. The will of "we the people" is under attack from all angles on all sides. The current USSC will surely side with the PTB and the PTWTB*. Where is T. Roosevelt when we need him?

*Powers That Want To Be, how about that?

Scalded Nun

(1,240 posts)
3. They want a neutered federal government...except of course the SCOTUS.
Fri Apr 14, 2023, 01:58 PM
Apr 2023

The country devolves into chaos and in chaos there is profit.

in2herbs

(2,947 posts)
4. I don't know if I am able to verbalize my intuition about this but with the USSC
Fri Apr 14, 2023, 02:00 PM
Apr 2023

allowing challenges to the structure of two federal agencies (FEC and SEC) to go forward in federal court, how is the TX 5th Circuit issue not going to be the basis for the USSC to allow restructuring of the FEC and SEC?

I just have this feeling that upholding the TX ruling and eventually these challenges is the way the conservatives on the USSC will destroy all forms of our government through their judicial overreach. I am not confident that Biden and Democrats in Congress will push back enough to thwart this overtaking of democracy by judicial fiat.

If the USSC does not issue a permanent stay and Biden and the Ds in Congress continue to take a wait and see attitude, we are screwed -- no matter how many federal judges Biden appoints to the fed circuit.

Amy Littlefield suggested that the D's in Congress immediately repeal the Comstock Act thus taking this discussion out of the USSC hands. If not enough votes in Congress to repeal Comstock the taking of the action and result of the Congressional voting can be used in 2024 and other elections.

NullTuples

(6,017 posts)
7. Narrator: "They were indeed, screwed. But few knew it yet"
Fri Apr 14, 2023, 03:14 PM
Apr 2023

We've seen what 43 years of neocon deregulation has done to America. We're in the last few minutes of that game and they're giving it everything they've got.

Meanwhile, we're still playing by the rules and traditions they abandoned years ago.

people

(630 posts)
5. Unanimously agreed to hear both challenges?
Fri Apr 14, 2023, 02:08 PM
Apr 2023

This isn't just a conservative block decision to hear these cases.

FBaggins

(26,760 posts)
9. If there's a clear split at the circuit level - that isn't surprising
Fri Apr 14, 2023, 03:23 PM
Apr 2023

They may not agree on how it should be resolved, but it isn't surprising if all nine agree that it needs to be resolved

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