7th Circ. Topples Precedent In Limiting FTC's Authority

Law360 (September 6, 2019, 5:00 PM EDT) -- For nearly four decades, federal courts have empowered administrative agencies, including the Federal Trade Commission and the U.S. Securities and Exchange Commission, to expand their enforcement authority beyond that conferred by Congress.

Through a now-common practice, activist courts invoked their perceived broad inherent equitable powers to insert implied authorities to issue monetary and ancillary relief into statutes whose plain language lacks any mention of those burdensome remedies. This practice has allowed federal regulators to circumvent congressional intent, and collect tens of billions of dollars through disgorgement and restitution orders in ex parte civil enforcement actions strategically crafted to evade statutory safeguards...

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