Trump v. Slaughter · ¶122

Often, these agencies do all this with hardly any statutory guidance, based on broad grants of legislative authority. The FTC, for example, enjoys what the Court calls the “startlin[g]” power to define, outlaw, and prosecute any “‘acts or practices which are unfair or deceptive.’” Ante, at 25 (quoting 15 U. S. C. §57a(a)(1)(B)). The Securities and Exchange Commission (SEC) may “make such rules and regulations as may be necessary or appropriate to implement,” 15 U. S. C. §78w(a)(1), its mandate “to insure the maintenance of fair and honest markets,” §78b. The Federal Communications Commission (FCC) has “exclusive authority to grant licenses” to broadcasters “ ‘based on ‘public convenience, interest, or necessity.’ ” Metro Broadcasting, Inc. v. FCC, 497 U. S. 547, 553 (1990) (quoting 47 U. S. C. §303). One could go on.

slip opinion, revised 7/07/26
Source edition
Passage preview. Read in context for the complete text, notes and references.