The question is indeed constitutionality. But I disagree with you about any major effect on the FTC. Details matter, and this looks to be a situation where the details don’t look good for the government. A court could easily find that this was handled improperly, and leave the rest of the framework as it is.
The question is indeed constitutionality. But I disagree with you about any major effect on the FTC. Details matter, and this looks to be a situation where the details don’t look good for the government. A court could easily find that this was handled improperly, and leave the rest of the framework as it is.
Why would a court be able to “easily find this was handled improperly”?