if the nanny state had a mascot, it would be the Federal Trade Commission. In fact, back in the 1970s, the FTC earned the nickname the ``National Nanny''--this, after it went on a rulemaking binge, one that triggered an unprecedented congressional response. In response to that binge, Congress defunded the Agency for several days. In fact, it refused formally to reauthorize the Commission for some 14 years after that. Thankfully, the FTC changed approach by reining in its rulemaking initiatives. Congress, however, did not learn its lesson and has continued to grant the FTC broad powers over the years. These grants of power and the lack of congressional will have helped put the FTC on a trajectory that looks eerily similar to its ``National Nanny'' era. Under the leadership of Lina Khan, the FTC has only accelerated into this trajectory and is now being transformed into a bigger and more invasive national nanny than ever could have been imagined in the 1970s. Her vision is to transform what is an enforcement Agency into a broader, largely independent regulatory Agency. This move would reduce the congressional oversight of key economic regulation and would also have serious negative implications for countless businesses across the Nation that could find themselves subject to the whims of an unelected, arbitrary, capricious, out-of-control Agency.…
On the recordApril 26, 2022
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