Companies targeted by the Federal Trade Commission (FTC) are increasingly challenging the agency’s constitutionality, raising substantive arguments about its independence and operational framework. This pushback has been seen from corporate giants such as Kroger Co., Meta Platforms Inc., and Cigna Group’s Express Scripts. These lawsuits are emerging as the Supreme Court has recently issued opinions that curb regulatory powers, thereby opening avenues for new judicial challenges against federal agencies.
One of the notable instances is Express Scripts’ lawsuit filed on September 17, which claims that the FTC operates unconstitutionally. The case follows the Court’s trend of questioning the broad authority often wielded by regulatory bodies. Notably, the Supreme Court’s recent terms have seen rulings that put significant checks on agency powers, a development that these companies are leveraging in their legal strategies. More details on this trend can be found in Supreme Court opinions indicating a curtailment of agency powers.
This legal strategy places the FTC in a challenging position, having to defend not only the merits of individual cases but also its foundational authority and procedural frameworks. The high-profile nature of these lawsuits and their reliance on recent Supreme Court opinions suggest that this line of defense may gain traction, affecting how the FTC and possibly other similar regulatory bodies operate in the future.
For more information on Express Scripts’ lawsuit and other related developments, you can refer to Bloomberg Law.