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AXON ENTERPRISE, INC. v. F.T.C.

No. 20-15662.

986 F.3d 1173 (2021)

AXON ENTERPRISE, INC., a Delaware corporation, Plaintiff-Appellant, v. FEDERAL TRADE COMMISSION, a federal administrative agency; Joseph J. Simons; Noah Phillips; Rohit Chopra; Rebecca Slaughter; Christine Wilson, in their official capacities as Commissioners of the Federal Trade Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 28, 2021.

Attorney(s) appearing for the Case

Pamela B. Petersen (argued), Axon Enterprise Inc., Scottsdale, Arizona, for Plaintiff-Appellant.

Daniel Aguilar (argued), Mark B. Stern , Joshua M. Salzman , and Amanda L. Mundell , Appellate Staff; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Partial Concurrence and Partial Dissent by Judge Bumatay

OPINION

Over the past century, Congress has established an array of quasi-independent executive agencies that enjoy partial insulation from presidential oversight and wield tremendous enforcement power. Instead of filing lawsuits in federal court, these agencies can commence administrative enforcement proceedings against...

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