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Wikipedia says the following about the FTC: > Additionally, the FTC has rulemaking power to address concerns regarding industry-wide practices. Rules promulgat
by diggan 2y ago
Wikipedia says the following about the FTC:
> Additionally, the FTC has rulemaking power to address concerns regarding industry-wide practices. Rules promulgated under this authority are known as Trade Rules.
But of course, that specific sentence is labeled "citation needed" so can't really dig deeper there. But taking it at face-value, isn't that one of the points of the FTC at least today, that they can setup these "Trade Rules"?
- ghayes 2y agoThe recent Loper decision also expressly says Congress _can_ delegate to agencies, just that APA doesn’t do that delegation itself.
- brookst 2y agoEh, but there will always be some level of detail that was not delegated. That's the bad faith side of Loper. It essentially says that every detail of every instance must be expressly included in the legislation. Which just isn't possible.
- WillPostForFood 2y agoLoper says nothing like that! I know that there were a lot of hot takes after the decision, but read it yourself. All Loper says is that when the law is ambiguous about agency powers, the courts get final say, they don't defer to the agency interpretation. https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf
- deleted 2y ago[deleted]