Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

Term

2022 Term

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Questions Presented

1. Whether Congress impliedly stripped federal district courts of jurisdiction over constitutional challenges to the Federal Trade Commission’s structure, procedures, and existence by granting the courts of appeals jurisdiction to “affirm, enforce, modify, or set aside” the Commission’s cease-anddesist orders.

2. Whether, on the merits, the structure of the Federal Trade Commission, including the dual-layer for-cause removal protections afforded its administrative law judges, is consistent with the Constitution.

Case Updates

Supreme Court unanimously holds that the Federal Trade Commission Act does not displace a district court’s federal-question jurisdiction to hear claims challenging the FTC’s structure as unconstitutional

April 14, 2023

Click here to view the opinion.

U.S. Chamber files amicus brief urging Supreme Court to recognize that the FTC Act does not impliedly preempt ordinary federal-question review of constitutional challenges to the FTC’s authority

May 16, 2022

Click here to view the brief. Sarah M. Harris and Aaron Z. Roper of Williams & Connolly LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

The U.S. Chamber also filed an amicus brief supporting Axon's cert. petition.

Cert. petition granted

January 24, 2022

U.S. Chamber files amicus brief urging Supreme Court to ensure the availability of prompt, pre-enforcement judicial review of constitutional challenges to the FTC’s authority

August 23, 2021

Click here to view the amicus brief. Sarah M. Harris and Helen E. White of Williams & Connolly LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Previously, the U.S. Chamber filed an amicus brief supporting rehearing en banc when this case was before the Ninth Circuit.

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