Amicus Brief in Media Matters v. FTC

The Society for the Rule of Law Institute filed an amicus brief in Media Matters for America v. Federal Trade Commission, urging the United States Court of Appeals for the District of Columbia Circuit to affirm the district court’s ruling in favor of Media Matters.

The brief challenges the FTC’s position that it should control not only whether—but also where—a target of its investigative demands may seek judicial review. That claim, the Institute argues, would unconstitutionally hand the Executive Branch a veto over access to the courts. The brief states:

“The FTC wants to both wield compulsory investigative power and control access to judicial review. … The rule of law is incompatible with prosecution aimed not at protecting the public but at vindicating political grievances. The District Court was right on procedure, too. According to the FTC, Media Matters cannot defend its constitutional rights proactively, but must wait to be sued in the court, and at the time, of the FTC’s choosing—if at all. … Congress never limited district courts’ jurisdiction to review unconstitutional investigative demands. The FTC believes that it can decide not just whether but also where to litigate.

“The whether matters, of course: the agency does not keep the courthouse keys. But the where matters, too. … The practical difference between the parties, in other words, is in large part the FTC’s desire to forum shop versus Media Matters’ reasonable and appropriate choice to litigate in the venue that both Media Matters and the FTC call home, and which has deep experience adjudicating claims involving the federal government. This brief explains how the FTC’s rule could facilitate rampant government forum shopping, which risks distorting the development of the law; imposing prohibitive burdens on individuals and advocacy groups seeking to vindicate constitutional rights; and undermining the principled, neutral adjudication that underlies the rule of law.”

Read the full brief here. For press inquiries, please contact [email protected].

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