The Tension between Agency Authority and the Constitution
The Supreme Court has recently agreed to take up a case that questions the constitutionality of administrative agencies’ broad discretion in rulemaking authority.
Major Questions Doctrine
Why FTC’s Data Privacy Rulemaking Is Probably Unconstitutional
Lina Khan attempts to greatly expand the FTC’s authority to prosecute unfair and deceptive trade practices, however, could run into the wall of the Court’s most-recently established doctrine.