Opening the Floodgates: Axon Enterprises, Inc. v. FTC and the Weakening of Public Power
Keenen McMurray
In November of 2022, the Supreme Court heard oral arguments on a pair of consolidated cases including Axon Enterprise, Inc. v. Federal Trade Commission[1] and Securities and Exchange Commissionv. Cochran.[2] These cases concern whether challenges to the adjudication processes of administrative agencies can properly be heard in a federal district court, without first going through the agencies’ respective processes.[3] This administrative agency adjudication process is established by the Administrative Procedure Act (“APA”), which is a federal act that governs the procedures of
