WASHINGTON, D.C. (April 22, 2024) – The National Federation of Independent Business (NFIB) has filed an amicus brief challenging the Federal Trade Commission’s authority in the case of Intuit, Inc. v. Federal Trade Commission at the U.S. Court of Appeals for the Fifth Circuit. The brief questions the FTC’s adjudicative process and its compliance with the Constitution. NFIB submitted the brief in collaboration with the U.S. Chamber of Commerce.
Beth Milito, Executive Director of NFIB’s Small Business Legal Center, expressed concerns about the FTC’s actions, stating, "The FTC is overstepping its authority and violating the Constitution." Milito emphasized the importance of fairness and reasonableness from government agencies for small businesses. She further added, “Small businesses depend on government agencies being fair and reasonable, which is why they ask the Court to vacate the FTC’s Order and remand the case back for an adjudication that complies with the structure of Article II of the Constitution.”
The NFIB’s brief focuses on two main arguments. Firstly, it asserts that the multi-layer tenure protections for FTC Administrative Law Judges (ALJs) are unconstitutional. Secondly, it argues that the unconstitutional tenure protections for ALJs create a structural defect in FTC adjudications.
NFIB’s Small Business Legal Center is dedicated to safeguarding the rights of small business owners in various courts nationwide. Currently involved in over 40 cases in federal and state courts across the country, NFIB continues its commitment to advocating for the interests of small businesses, including its recent involvement in the U.S. Supreme Court.
This challenge by small businesses against the FTC’s authority highlights the ongoing legal battles and advocacy efforts aimed at ensuring a fair and constitutional adjudicative process for all parties involved.
