On January 24, 2022, the Supreme Court agreed to hear an important separation-of-powers case. WLF filed an amicus brief urging review and explaining how the Ninth Circuit misapplied the Supreme Court’s Thunder Basin decision. The Ninth Circuit focused almost exclusively on one factor—whether Axon can receive meaningful judicial review of its challenge to the FTC’s structure.  It held that once-per-decade review suffices for “meaningful” judicial review. As WLF’s brief showed, this decision follows a pattern among lower courts of applying Thunder Basin in a manner that violates defendants’ due-process rights. WLF looks forward to the merits-stage briefing where it will urge the Court to reverse the Ninth Circuit’s decision.

Documents:

WLF Supreme Court brief

WLF Ninth Circuit brief