Trump v. Slaughter · ¶123

Nor have these agencies hesitated to employ the powers Congress has given them. Take a few examples from just the past two years. In 2024, the SEC took on climate change. See 89 Fed. Reg. 21668, 21683 (requiring “Climate- Related Disclosures” in SEC filings). That same year, the FTC sought to ban nearly all employee noncompete agreements nationwide. 89 Fed. Reg. 38342. And then there’s late-night comedy. Last year, taking objection to a network host’s on-air remarks, the Chairman of the FCC suggested there would be “additional work . . . ahead” for the agency if broadcasting companies did not “find ways to . . . take action.” The Benny Show, Sept. 17, 2025 (“[W]e can do this the easy way or the hard way”).

slip opinion, revised 7/07/26
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