The Administrative State Under Attack: Potentially Far Reaching Implications of Supreme Court’s Decision to Hear Challenge to FTC Administrative Review Process

In 1984, the Supreme Court ruled unanimously that courts must defer to an administrative agency’s reasonable interpretation of an ambiguous statute. But last year, the Supreme Court stripped the FTC of its ability to seek equitable monetary remedies such as disgorgement or restitution. And a couple weeks ago, the Supreme Court dismantled the Occupational Safety and Health Administration’s (“OSHA”) vaccine mandate, with Justice Gorsuch writing that the decision prevents OSHA from becoming a “roving commission to inquire into evils and upon discovery correct them.” The Supreme Court may be positioning itself to say something similar about the FTC.

February 7, 2022

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Originally Published in The National Law Review