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Susan G. Braden

Susan G. Braden

Former judge

Jul 14, 2026

2:37
What do you think of the court's decision?
2:40
Well, I don't think there's anything surprising about the majority opinion, um, particularly since the, the, uh, chief justice during oral argument referred to the Humphrey's Executor case, which was front and center of the, um, consideration by the court as a dry husk.
3:00
Um, but in my judgment, Slaughter actually is probably one of the most important decisions of the term, if not the most, and let me explain why.
3:12
First, the majority opinion states that the lawsuit is the ultimate remedy for a breach of law, and it is to the president, not the Congress, that the Constitution entrusts the responsibility to take care that the laws be faithfully executed.
3:29
Today, the FTC, um, enforces eighty different laws.
3:36
Uh, I would point out in my article that you can find them all and with the citations of footnote seventy-seven.
3:43
Um, and thus the majority, um, of the decision primarily, um, points out that the FTC today, and for quite some time, has been an executive agency in how it functions.

15 MINS LATER

19:25
And, and I should tell you listeners, again, this is why you should look up Judge Braden's paper on our homepage right now, because in that article forthcoming in the Journal of Law and Economics and Policy, she fleshes out in detail what she's about to describe, why it is, uh, that, that she argues the Federal Trade Commission's separate antitrust authority needs to be consolidated into the Justice Department's own work.
2:36
Judge, what do you think of the court's decision?
2:40
Well, I don't think there's anything surprising about the majority opinion.
2:45
particularly since the chief justice during oral argument referred to the Humphreys executor case, which was front and center of the consideration by the court, as a dry husk.
3:01
But in my judgment, slaughter actually is probably one of the most important decisions of the term, if not the most.
3:10
And let me explain why.
3:12
First, the majority opinion states that the lawsuit is the ultimate remedy for a breach of law, and it is to the president, not the Congress, that the Constitution entrusts the responsibility to take care that the laws be faithfully executed.
3:29
Today, the FTC enforces 80 different laws.

16 MINS LATER

19:25
And I should tell you listeners, again, this is why you should look up Judge Braden's paper on our homepage right now, because in that article forthcoming in the Journal of Law and Economics and Policy, She fleshes out in detail what she's about to describe, why it is that, she argues, the Federal Trade Commission's separate antitrust authority needs to be consolidated into the Justice Department's own work.

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