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Re:FTC bans hidden junk fees in hotel, event ticket prices by adgjlsfhk1 on Tuesday December 17, 2024 @06:40PM (#42446657)
> Who is behind this move? What individuals, and what politicians? By what legal means is this happening?

The supreme court. The removal of Chevron Deference this year means that the courts have given themselves huge amounts of power over any administrative decision that isn't specifically regulated by congress (rather than the prior stance which was to presume that agency decisions were reasonable interpretations of the legislation unless there was clear evidence to the contrary).

Re:FTC bans hidden junk fees in hotel, event ticket prices by tbrownaw on Tuesday December 17, 2024 @08:06PM (#42447188)
This is not an accurate description of that decision.

Agencies no longer get special privileges in interpreting the scope of what Congress delegated to them.

Within the scope of what Congress delegated to them, they still have an much power and discretion as ever.

Re:FTC bans hidden junk fees in hotel, event ticket prices by FireBeyond on Tuesday December 17, 2024 @09:47PM (#42447682)
There was an argument about noncompetes and the FTC in front of a Federal judge recently.

The judge said, "Even as the agency has the power, I don't feel sufficiently convinced by their argument and will block it anyway."

That doesn't sound like they have as much power in their delegated responsibilities if an arbitrary judge says "... and you also have to convince me personally, even though you're entitled to do it."

Re:FTC bans hidden junk fees in hotel, event ticket prices by adgjlsfhk1 on Wednesday December 18, 2024 @12:42PM (#42452821)
if Congress wanted to delegate decision making to the judicial branch they can pass laws that do so. they pass a law saying that the agency can make decisions, those decisions should be respected. this decision is right the equivalent of if the courts decided they had the power to block laws that the court thought were bad policy
Re:FTC bans hidden junk fees in hotel, event ticket prices by jtbayly on Wednesday December 18, 2024 @02:09PM (#42453722)
You should read about the non-delegation principle and why it exists. As Wikipedia says, “It is explicit or implicit in all written constitutions that impose a strict structural separation of powers. It is usually applied in questions of constitutionally improper delegations of powers of any of the three branches of government to either of the other, to the administrative state, or to private entities.”

What you are proposing is that Congress be allowed to abolish its own power, completely destroying the constitution.

Re:FTC bans hidden junk fees in hotel, event ticket prices by Dylan16807 on Wednesday December 18, 2024 @04:34PM (#42455573)
> What you are proposing is that Congress be allowed to abolish its own power, completely destroying the constitution.

Who cares if they had that ability? They wouldn't use it.

And even if they did, it wouldn't violate separation of powers.

And even if they did, they could make a new law that takes it back.

Of all the worries about delegation, this one seems like the least meaningful.

Re:FTC bans hidden junk fees in hotel, event ticket prices by thehappypm on Tuesday December 17, 2024 @07:52PM (#42447113)
Federal agencies now have oversight from the judicial branch. That's a big check on their power.
Re:FTC bans hidden junk fees in hotel, event ticket prices by someothherguyy on Tuesday December 17, 2024 @09:08PM (#42447506)
> now

They always have?

Re:FTC bans hidden junk fees in hotel, event ticket prices by thehappypm on Tuesday December 17, 2024 @09:41PM (#42447659)
Much less.
Re:FTC bans hidden junk fees in hotel, event ticket prices by immibis on Wednesday December 18, 2024 @12:31PM (#42452663)
Yes. Previously the court had to prove that something an agency did went against the mandate congress gave it, to strike it down. Now it can just strike it down for no reason. This is useful in times when republicans control the courts and democrats control the executive.