Supreme Court: FTC cannot preclude court review of unconstitutional actions
As urged by the AHA, the U.S. Supreme Court today that impliedly stripped federal district courts of jurisdiction over constitutional challenges to the Federal Trade Commission structure, procedures and existence. Ruling in the FTC case and another case involving the Securities and Exchange Commission, the Supreme Court said, 鈥淭he statutory review schemes set out in the Securities Exchange Act and Federal Trade Commission Act do not displace a district court鈥檚 federal-question jurisdiction over claims challenging as unconstitutional the structure or existence of the SEC or FTC.鈥
As a result of this decision, parties may bring claims in federal court alleging that 鈥渢he structure, or even existence, of an agency violates the Constitution鈥 without having to first go through costly and time-consuming administrative proceedings before the SEC or FTC.