The 5th Circuit Court of Appeals should reverse the Federal Trade Commission’s decision in Illumina Inc. v. FTC, “a paradigmatic example” of how the agency’s practices violate the Constitution’s due process clause, AHA said in a friend-of-the-court brief filed in the case. 

“With one-sided procedures that favor the agency and a win-loss tally that proves it, the only possible conclusion is that the FTC is not a fair, neutral, and unbiased tribunal, as required by the Due Process Clause,” the brief notes. “In both appearance and reality, this case does not display fairness and neutrality consistent with the Constitution. Unique among federal agencies, it is sadly par for the course with the FTC. … Whether it is an acquisition that prevents a rural hospital from closing or, as here, the future of cutting-edge, life-saving medical technology, the FTC’s unfair practices have stood in the way of improved healthcare again and again. It is long past time to put an end to the FTC’s unconstitutional enforcement practices.”

Related News Articles

Headline
The Centers for Medicare & Medicaid Services Dec. 4 released an interim final rule implementing new enforcement authorities the agency will use if states…
Headline
The Food and Drug Administration Sept. 29 released a proposed rule that would phase out over four years its general enforcement discretion approach for most…
News
As proposed yesterday by its Advisory Committee on Immunization Practices, the Centers for Disease Control and Prevention recommends that starting this fall…
Headline
The Food and Drug Administration on May 3 approved the first U.S. vaccine for respiratory syncytial virus, Arexvy by GlaxoSmithKline Biologicals, for use…
Headline
As urged by the AHA, the U.S. Supreme Court today unanimously reversed a 9th Circuit decision that impliedly stripped federal district courts of…
Headline
The White House today released additional details related to President Biden’s budget request for fiscal year 2024. The main budget documents were released…