The U.S. Supreme Court on Monday began hearing arguments in two cases that could make it easier to challenge the regulatory power of federal agencies in disputes involving the Federal Trade Commission and the Securities and Exchange Commission.
after a lower court dismissed the Taser manufacturer's lawsuit contesting the constitutionality of the FTC's structure in a bid to counter an antitrust action related to its acquisition of a rival.
"The agency can't help us with that claim," Paul Clement, Axon's lawyer, told the justices. "They’re powerless to do anything with that claim, but the district court isn’t." The Supreme Court's conservative justices have signaled skepticism toward expansive regulatory power and the duty of judges, under Supreme Court precedent, to give deference to that authority. The eventual decisions in the two cases, due by the end of next June, could build on recent rulings by the court curbing agency authority.
The company said the agency acts as "prosecutor, judge and jury" in violation of the U.S. Constitution's Fifth Amendment guarantees of due process and equal protection under the law, and that its administrative law judges are unlawfully insulated from the president's power to control executive branch officers under the Constitution's Article II.
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