Walmart Inc. and the Federal Trade Commission (FTC) are locked in a deadly battle over the fate of the administrative state.
The FTC is claiming that Walmart is responsible for fraud committed via its money transfer services. Walmart has hit back, saying that the number of fraudulent transactions is “only a miniscule number” and that the company has actually, “stopped hundreds of thousands of suspicious transactions totaling hundreds of millions of dollars.”
But the corporation is making a further argument which has the potential to effect more than the direct parties involved. Walmart is taking aim at the FTC itself, saying its use of executive power is both unconstitutional and illegitimate, citing landmark Supreme Court cases from decades ago.
“The retail giant’s creative litigation strategy has set up a constitutional showdown with the FTC that might have some practical consequences,” Eli Nachmany, a law clerk to Judge Steven J. Menashi of the U.S. Court of Appeals for the Second Circuit, writes at the Regulatory Review.
For those who think the Constitution creates three branches of government rather than four, that would be a welcome change, writes Joseph Postell.#RestoringAmerica t.co/nG3aWBSFpt
— Washington Examiner (@dcexaminer) October 4, 2022