
Susan G. Braden
Former judge
2
APPEARANCES
2
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012
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Jul 14, 2026
Gray Matters: Quo Vadis—Federal Trade Commission? Chief Judge Susan Braden on the Future of the FTC after Slaughter
2:40
3:00
3:12
3:36
3:43
19:25

Susan G. BradenGUEST
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.

Susan G. BradenGUEST
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.

Susan G. BradenGUEST
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.

Susan G. BradenGUEST
Uh, I would point out in my article that you can find them all and with the citations of footnote seventy-seven.

Susan G. BradenGUEST
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

Adam WhiteHOST
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.
Quo Vadis—Federal Trade Commission? Chief Judge Susan Braden on the Future of the FTC after Slaughter
2:45
3:01
3:12
19:25

Susan G. BradenGUEST
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.

Susan G. BradenGUEST
But in my judgment, slaughter actually is probably one of the most important decisions of the term, if not the most.

Susan G. BradenGUEST
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.
16 MINS LATER

Adam WhiteHOST
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.