Reuters: Agency powers under threat in U.S. Supreme Court FTC and SEC cases

November 3, 2022 Media

Two cases that give the U.S. Supreme Court’s conservative majority another opportunity to restrain the power of federal agencies go before the justices next week in disputes involving the Federal Trade Commission and Securities and Exchange Commission.

‘THROW ITS WEIGHT AROUND’

The U.S. Chamber of Commerce business group has urged the Supreme Court to rule against the agencies.

“With respect to Axon and Cochran, those (cases) are about holding federal agencies accountable and forcing them to respect due process,” said Jonathan Urick, a lawyer with the chamber’s litigation arm.

Regarding the FTC case, Urick said the agency’s current process allows it “to throw its weight around and bully companies into settling even weak and unmeritorious claims.”

Katherine Van Dyck of the liberal American Economic Liberties Project advocacy group said the various cases being brought challenging federal agencies are intended to make it harder for them to do their jobs.

“There is absolutely a war on the administrative state happening right now,” Van Dyck added.