On January 24, 2022, the Supreme Court agreed to decide whether a corporation that is subjected to a Federal Trade Commission (FTC) administrative enforcement complaint can obtain immediate judicial review of its claims that the proceeding is structurally unconstitutional—or whether it first must endure the burdens and costs of the proceeding, and suffer an adverse judgment imposed by an FTC administrative law judge, before going to court. The Atlantic Legal Foundation, joined by Cato Institute, filed an amicus brief in the case, Axon Enterprise, Inc. v. Federal Trade Commission, No. 21-86, urging the Court to address the issue. The amicus brief argued that the issue is important because it not only affects the FTC, but also other federal regulatory agencies such as the SEC, and that justice delayed is justice denied. In other words, judicial review of claims that an administrative enforcement proceeding is structurally unconstitutional — in this case because of the “removal for cause only” tenure protection afforded to the FTC’s administrative law judge — should not have to await the outcome of the proceeding. Read more about the case and amicus brief here.
