The Federalist: These Two SCOTUS Cases Could Put The Administrative State In Its Place

November 07, 2022 | By ALISON SOMIN , JOHN KERKHOFF

Justice delayed is justice denied — or so the old saying goes. And although swimming in complex factual and legal issues, two cases that will be argued at the Supreme Court on Monday will put that adage to the test.

Start with Axon Enterprise v. Federal Trade Commission. The company makes police body cameras and digital evidence management systems. Shortly after acquiring an insolvent firm making similar products, the FTC claimed Axon’s acquisition raised antitrust concerns. The FTC filed suit, but not in a court of law. Instead, the FTC took the case to its own internal “court” with its own employee as the judge.

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