Administrative/Regulatory,
9th U.S. Circuit Court of Appeals
Feb. 19, 2021
9th Circuit reluctantly fends off constitutional challenge to FTC
In a recent decision, a divided panel of the federal appeals court held that a plaintiff seeking to challenge the constitutionality of FTC proceedings must first go through the FTC proceedings.
James Sigel
Partner
Morrison & Foerster LLP
James is an editor of Left Coast Appeals, leftcoast.mofo.com, a blog devoted to all things 9th Circuit.
Changing the law through the lower federal courts can be a very slow process. The 9th U.S. Circuit Court of Appeals' recent decision in Axon v. FTC, 2021 DJDAR 881 (Jan. 28, 2021), demonstrates one reason why. All three members of the 9th Circuit panel were plainly sympathetic to the plaintiff's argument that various aspects of the Federal Trade...
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