Monday, January 24, 2022
SCOTUS Cert Grant on Jurisdiction over Constitutional Challenges to the FTC
Today the Supreme Court granted certiorari in Axon Enterprise, Inc. v. FTC, which presents the following question: “Whether Congress impliedly stripped federal district courts of jurisdiction over constitutional challenges to the Federal Trade Commission’s structure, procedures, and existence by granting the courts of appeals jurisdiction to ‘affirm, enforce, modify, or set aside’ the Commission’s cease-and-desist orders.”
The Court limited the cert. grant to this issue only, declining to address a second question regarding the constitutionality of the FTC’s structure regarding administrative law judges.
You can find the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog and at the Supreme Court website.