The commission’s rulemaking power is not an open question, the brief said, and Congress did not intend for the issue to be litigated each time the agency tries to adopt or enforce a rule.
“In fact, it is precisely concern over judicial activism that gave rise to these, and other, delegations of authority to federal agencies,” the brief said.
Representatives for the FTC and Ryan declined to comment Tuesday. Representatives for the Chamber did not respond to a request for comment.
Gaetz is represented by Andrew Kloster.
Ryan LLC is represented by Allyson N. Ho, Elizabeth A. Kiernan, Eugene Scalia, Amir C. Tayrani, Andrew G.I. Kilberg, Aaron Hauptman and Joshua R. Zuckerman of Gibson Dunn & Crutcher LLP and Charles W. Fillmore and H. Dustin Fillmore III of The Fillmore Law Firm LLP.
The U.S. Chamber of Commerce, Business Roundtable, Texas Association of Business and Longview Chamber of Commerce are represented by Jordan L. Von Bokern and Tyler S. Badgley of the U.S. Chamber Litigation Center, Liz Dougherty of Business Roundtable, Jeffrey B. Wall and Judson O. Littleton of Sullivan & Cromwell LLP and Robert L. Sayles and Boyce Holleman of Bradley Arant Boult Cummings LLP.
