John C. Coffee Jr. Is the Administrative State Locked Into a Death Spiral? The Impact of 'Axon Enterprise, Inc. v. FTC'
In his Corporate Securities column, Professor John Coffee discusses the impact of Axon Enter. v. FTC, which he writes "masks a lack of consensus and shows the court to be straddling—at least for the time—a deep division over whether administrative agencies can utilize administrative law judges."
May 17, 2023 at 02:00 PM
11 minute read
Columns
Does the Supreme Court intend to dismantle the Administrative State? At first glance, the court's recent decision in Axon Enter. v. FTC, 2023 U.S. LEXIS 1500 (April 14, 2023), can be read as indicating that the court has now gone well down this road. In reality, however, this unanimous decision masks a lack of consensus and shows the court to be straddling—at least for the time—a deep division over whether administrative agencies can utilize administrative law judges. If they cannot, their enforcement powers as a practical matter will be greatly weakened and their efficiency significantly compromised.
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