- April 22, 2024
- Posted by: legaleseblogger
- Category: Related News
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Intuit v. FTC Case Challenges FTC’s Adjudicative Process
WASHINGTON, D.C. (April 22, 2024) – NFIB filed an amicus brief in the case Intuit, Inc. v. Federal Trade Commission at the U.S. Court of Appeals for the Fifth Circuit, raising concerns about the adjudicative process of the Federal Trade Commission (FTC) and its potential violation of the Constitution. The National Federation of Independent Business (NFIB) partnered with the U.S. Chamber of Commerce to address these issues.
“The FTC’s actions are not in line with its designated authority and may be infringing on constitutional rights,” stated Beth Milito, Executive Director of NFIB’s Small Business legal Center. “Fairness and reasonableness are crucial for small businesses that rely on government agencies, which is why we are urging the Court to invalidate the FTC’s Order and request a new adjudication that aligns with Article II of the Constitution.”
The amicus brief from NFIB highlights two primary arguments: first, the constitutionality of the multi-layer tenure protections for FTC Administrative Law Judges (ALJs) is questioned, and second, the structural defect in FTC adjudications caused by the tenure protections for ALJs is emphasized.
The NFIB Small Business legal Center is dedicated to advocating for the rights of small business owners in various legal proceedings nationwide. Currently, NFIB is actively involved in more than 40 cases in federal and state courts across the United States, including cases presented in the U.S. Supreme Court.
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