In a legal manoeuvre with seismic implications for American regulatory power, former President Donald Trump has launched a direct challenge against the Federal Trade Commission (FTC). His petition to the US Supreme Court seeks nothing less than to strip the agency of its central authority to police corporate misconduct and protect consumers.
The Core of the Challenge
The case, stemming from a long-running lawsuit against him, argues that the FTC's fundamental structure is unconstitutional. Trump's legal team contends that the agency's internal court system, which allows its in-house judges to rule on antitrust and consumer protection cases, violates the right to a trial by jury. This argument, if accepted by the conservative-majority court, would effectively dismantle the FTC's primary enforcement mechanism.
A Potential Regulatory Earthquake
The stakes could scarcely be higher. A ruling in Trump's favour would trigger a regulatory earthquake, neutering one of the government's most powerful watchdogs. The FTC would be left unable to:
- Challenge mega-mergers that stifle competition.
- Punish companies for deceptive advertising and scams.
- Enforce data privacy rules against tech giants.
- Issue broad regulations that protect consumers from unfair practices.
This would represent a monumental shift in power from the state to large corporations, making it significantly harder to rein in big business.
A Political Masterstroke or a Threat to Governance?
Observers note the case is a political masterstroke, aligning Trump's personal legal battles with his broader ideological project of deregulation. It directly appeals to his support base's scepticism of the 'administrative state'. However, critics warn that eviscerating the FTC would leave American consumers dangerously exposed to fraud and anti-competitive behaviour, undermining decades of established legal precedent.
All Eyes on the Supreme Court
The Supreme Court, which has recently shown a willingness to limit the power of federal agencies, is now poised to make one of its most consequential rulings on the structure of the US government. This case is far more than just another Trump lawsuit; it is a battle for the very soul of American regulatory authority.
