NEW: John Roberts's 5-4 opinion saving the Fed should have saved all independent agencies.
In his 6-3 opinion over the Federal Trade Commission, however, Roberts ended the independence of the FTC and other agencies, sowing "chaos" across the federal government.
Today, at Law Dork: https://www.lawdork.com/p/john-robertss-5-4-opinion-saving
There was already chaos in the concept of independ agencies. The SCOTUS ruling was about restoring order. The ruling talked extensively about this.
For decades they've grappled with the contradiction that supposedly independent agencies were still under the president, reliant on the office, pulling from his treasury, interfacing with his regulatory processes, etc. And yet, somehow independent?
There's the chaos we've seen, those unavoidable conflicts of interest.
As the Court wrote, the Fed doesn't function in the mold of the FTC and other agencies. It's not pseudo-independent but pseudo-governmental.
