Two Supreme Court Cases to Watch – WSJ

The Court also agreed to hear a challenge by Axon Enterprise to the Federal Trade Commission. As we wrote two years ago( Axon Takes on the Feds, Feb. 22, 2020), the FTC sought to block Axon s $7 million acquisition of a body-camera company, though the deal fell under the agency s $84 million threshold for reporting acquisitions.

Rather than endure a long administrative trial that it was nearly certain to lose the FTC has won 100% of the cases it has brought in-house over 25 years Axon argued in federal court that FTC structure offends the separation of powers by acting as a prosecutor, judge and jury. Administrative-law judges are insulated from presidential control since they can only be removed for cause by commissioners, who can also only be removed by the President for cause.

The FTC says Congress implicitly stripped federal district courts of jurisdiction over constitutional challenges. But as Axon argues, forcing citizens to endure constitutional injury before they can vindicate their rights is antithetical to our constitutional traditions.

These may seem like obscure questions, but they go to fundamental rights of due process against the depredations of the administrative state. We re glad the Court is looking out for these rights.

via www.wsj.com