Axon Enterprise, Inc. v. Federal Trade Commission, Brief of Separation of Powers Clinic at Antonin Scalia Law School as Amicus Curiae in Support of Petitioner

28 Pages Posted: 9 Aug 2022 Last revised: 27 Jan 2024

See all articles by R. Trent McCotter

R. Trent McCotter

George Mason University - Antonin Scalia Law School

Natalia A. Castro

George Mason University, Antonin Scalia Law School, Students

Michael Potter

George Mason University, Antonin Scalia Law School, Faculty

Date Written: May 16, 2022

Abstract

This Court should reverse the Ninth Circuit’s decision barring Axon from immediately challenging the dual-layer, for-cause removal protections applicable to Federal Trade Commission ALJs. Allowing Axon to bring its challenge to an Article III court without exhausting a constitutional challenge against the tenure protections before the commission itself would not only ensure the availability of meaningful judicial review and meaningful relief, but would also help to maintain consistency with this Court’s removal protection precedents and encourage parties to bring removal protection claims.

Keywords: Judicial review, Separation of powers, Administrative law, ALJ, Removal Power, Unitary Executive, FTC

JEL Classification: K00, K1, K10, K23, K4

Suggested Citation

McCotter, R. Trent and Castro, Natalia and Potter, Michael, Axon Enterprise, Inc. v. Federal Trade Commission, Brief of Separation of Powers Clinic at Antonin Scalia Law School as Amicus Curiae in Support of Petitioner (May 16, 2022). Gray Center Separation of Powers Brief 22-05, Available at SSRN: https://ssrn.com/abstract=4185131

R. Trent McCotter (Contact Author)

George Mason University - Antonin Scalia Law School ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

Natalia Castro

George Mason University, Antonin Scalia Law School, Students ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

Michael Potter

George Mason University, Antonin Scalia Law School, Faculty ( email )

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