Gus Hurwitz on the Axon Decision

Bloomberg Law – ICLE Director of Law & Economics Programs Gus Hurwitz was quoted by Bloomberg Law in a story about the U.S. Supreme Court’s decisions in Axon Enterprise v. FTC and SEC v. Cochran. You can read full story here.

“The court has been increasingly skeptical of broad grants of authority, attentive to separation of powers issues, dialing back the scope of congressional delegation to agencies and the like,” said Gus Hurwitz, the director of law and economics programming at the International Center for Law and Economics. “If you want some sense of what is likely to happen with future cases resulting from this—and generally the court’s jurisprudence—look to that broader trend.”

…Now that its use of in-house judges can more easily face constitutional challenges in court, the FTC may look more to district courts in filing lawsuits to block mergers, Hurwitz said.