On June 8, 2023, WLF filed an amicus brief urging the Fifth Circuit to reverse a Federal Trade Commission order and declare the FTC’s structure unconstitutional. WLF’s brief explains that FTC commissioners cannot enjoy for-cause removal protection because the FTC (1) is comprised of three members, all Democrats; (2) has at least one non-expert commissioner; and (3) exercises executive power. The brief also argues that the FTC’s procedures violate due process in two respects. First, administrative agencies cannot adjudicate private rights. Second, the FTC cannot serve as both the prosecutor and the judge in a case, which it did here. All these constitutional defects require reversing the FTC’s order.
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