Intuit v. FTC challenges FTC’s adjudicative process
WASHINGTON, D.C. (April 22, 2024) – NFIB presented a amicus curiae brief if Intuit, Inc. v. Federal Trade Commission in the United States Court of Appeals for the Fifth Circuit. The case questions the Federal Trade Commission’s (FTC) adjudicative process and whether it violates the Constitution. NFIB filed the brief with the United States Chamber of Commerce.
“The FTC is overstepping its authority and violating the Constitution,” he said. Beth Milito, Executive Director of the NFIB Small Business Legal Center. “Small businesses depend on government agencies to be fair and reasonable, so they ask the Court to vacate the FTC’s order and remand the case for a decision that complies with the framework of Article II of the Constitution.”
NFIB’s brief presents two main arguments: 1) the FTC’s multi-tiered tenure protections for ALJs are unconstitutional, and 2) the unconstitutional tenure protections for ALJs create a structural flaw in the FTC’s awards.
NFIB’s Small Business Law Center protects the rights of small business owners in the nation’s courts. NFIB is currently actively involved in more than 40 cases in federal and state courts across the country and the United States Supreme Court.