Trump Must Hold FTC, DOJ To Account

The FTC and DOJ Are Threatening American Leadership

By Rick Manning

America’s unprecedented economic strength and freedom centers on the importance of limited government. However, values slowly crumble, they don’t often die with a bang. Under President Biden, Lina Khan’s Federal Trade Commission (FTC) and Jonathan Kanter’s Anti-Trust Division at the Department of Justice (DOJ) have plunged the government into arenas where it has no place being and are harming Americans in the process.  Instead of continuing America’s great tradition of economic leadership, these radical agencies are attempting to follow in the failed European regulatory path. In 2025, America’s competition agencies must refocus activity on ensuring that American companies can compete on the world stage, not implement unnecessary regulations that limit their ability to do so.

The recent House Oversight Committee report on the FTC found, “[u]nder Chair Khan, the Commission appears to be working to ensure U.S. businesses implement burdensome European Union (EU) regulations that are not required under U.S. law.” What has the European Union’s (EU) regulation-heavy economy brought its member states? The answer: an uncompetitive, snail-paced economy. The EU’s own report into its future competitiveness found “[a]cross different metrics, a wide gap in GDP has opened up between the EU and the U.S., driven mainly by a more pronounced slowdown in productivity growth in Europe.”

Instead of heeding these warning signs, the FTC has spent taxpayer dollars to protect and implement EU regulations. In 2023, the FTC and DOJ announced they would send staff to Europe to help implement the Digital Markets Act (DMA), EU legislation that places strict requirements and fines on many of America’s most innovative and successful companies. Now, the FTC and DOJ are attempting to implement these onerous regulations in the U.S.

The FTC’s “click-to-cancel” rule is a prime example of regulatory overreach rife with unintended consequences — ranging from consumer annoyances to something more insidious. Imagine finishing a long day, sitting on the couch, and opening your preferred streaming app, only to be met with a subscription cancellation notification. Irritating, right? Well, under “click-to-cancel,” this scenario might become commonplace. In practice, the rule could make it harder for American companies to allow for automatic subscription renewals. In addition, businesses will no longer be able to offer consumers a better deal when they call to cancel subscriptions — closing an avenue for cost reduction at a time when Americans bear the burden of inflation.

Similarly, under the new Hart-Scott-Rodino Act (HSR Act) merger form, needless deal barriers encumber America’s innovative, fast-moving economy. Current rules require companies to file a notification form with a comprehensive amount of information for the FTC and DOJ to check for competition concerns. If the agencies identify an issue, there is a second, more extensive review. About 2% of transactions went through this second process in 2021. Although so few transactions warrant concern, the FTC and DOJ would subject all businesses to this process under the new changes.  The FTC even found that the new rule “will add an additional 68 hours to the HSR preparation process, bringing the requisite amount of time up to an average of 105 hours.”

The precedent these moves set is emblematic of a more dangerous trend. The FTC and DOJ were created to focus on consumer welfare. By wading into every matter, these agencies have become political actors that harm the consumers they are bound to protect. The sad truth is that this politicization of the FTC and DOJ isn’t even serving the public. Rather, it’s threatening our global leadership.

These administrative oversteps are particularly outlandish as they blatantly defy recent Supreme Court rulings like West Virginia v. EPA, which limits the ability of agencies to create rules that go beyond congressional intent.  What's more, the Court further clipped the wings of bureaucrats to serve as the most important decision makers when it comes to scientific determinations by ending Chevron Deference.  And in Jarkesy v. SEC, the Court slashed the power of an agencies own administrative law branch providing direct relief from a system where the agency serves as the rulemaker, rule enforcer and rule adjudicator.

To be clear, apolitical regulatory bodies are vital. They tend to America’s economy in a limited, bipartisan manner.

Unfortunately, the “click-to-cancel” rule and HSR changes are the product of government agencies broadly departing from their mandates and further embracing regulation-heavy approaches employed by countries that are less successful and innovative. These moves will harm Americans now, but they will also have downstream consequences.

America is stronger when its economy is managed for the people and by the people — not by bureaucratic officials overstepping into every issue. America's Courts have resolved this issue even if the FTC and DOJ refuse to acknowledge the new legal reality.

Agencies who continue to exercise power they don't possess are an affront to the rule of law and the values of limited government.  

President Trump must hold rogue bureaucrats to account. After all, when limited government principles continue to be degraded, the American experiment sinks closer to failure.

Rick Manning is the President of Americans for Limited Government.

To view online: https://townhall.com/columnists/rickmanning/2024/11/27/the-ftc-and-doj-are-threatening-american-leadership-n2648285

Alex Miller: Conservative group calls on Senate GOP to block Biden’s pick for NLRB

By Alex Miller

Americans for Limited Government added opposition to President Biden’s pick for chairman of the National Labor Relations Board and demanded that Senate Republicans work to block the confirmation vote. 

Rick Manning, president of the nonprofit organization, argued in a statement that Mr. Biden was trying to hamstring the incoming Trump administration by locking in appointments and securing a Democratic majority once more on the NLRB. 

Mr. Biden’s pick, current NLRB Chair Lauren McFerran, has been waiting for a confirmation vote since August, when the Senate Health, Education, Labor and Pensions Committee approved her for a third term along party lines. If the full Senate backs her, it would cement a Democratic majority on the NLRB until August 2026.  

“President Joe Biden is engaged in an end-of-presidency power play to keep Democrat control over the National Labor Relations Board by pushing a renewal of current Chair Lauren McFerran to another term,” Mr. Manning said. “Senate Republicans should do everything in their power to stop this power play and allow newly elected President Donald Trump to name the next chairperson.”

Mr. Manning contended that Ms. McFerran was not suited for another term because of a series of “absurd decisions” made by the board under her tenure that have been overruled in federal court. 

Americans for Limited Government joined the U.S. Chamber of Commerce in calling on senators to vote against Ms. McFerran.

Glenn Spencer, the senior vice president of the chamber’s Employment Policy Division, argued this month that “the NLRB has been embroiled in numerous contentious decisions and legal challenges that have drained agency resources and overturned established legal precedents” under Ms. McFerran’s leadership. 

Senate Majority Leader Charles E. Schumer, New York Democrat, has made a point of advancing a slate of judicial nominees throughout the lame-duck session.

“Confirming the NLRB nominees is one of our highest priorities, and we’re going to do everything we can do to get it done by the end of the year,” he said on X last week.

To view online: https://www.washingtontimes.com/news/2024/nov/26/conservative-group-calls-senate-gop-block-joe-bide/

Savannah Hulsey Pointer: Attorneys General Urge Congress to Pass Kids Online Safety Act

By Savannah Hulsey Pointer

A coalition of 32 state attorneys general, led by Tennessee Attorney General Jonathan Skrmetti, has urged Congress to pass the bipartisan Kids Online Safety Act (KOSA) before the end of the 118th Congress, saying the legislation is crucial for protecting children from online harm.

In a Nov. 18 letter to House leaders, the attorneys general said that they are “acutely aware of the threats minors face on social media.”

The group stated social media platforms target minors, resulting in what they described as a “national youth mental health catastrophe.”

“These platforms fail to disclose the addicting nature of their products, nor the harms associated with increased social media use. Instead, minor users receive endless tailored and toxic content,” the attorneys general wrote.

“Increasing evidence suggests these platforms are aware of the negative mental health effects social media burdens its underage users with, but choose to continue these practices.”

Several provisions of the proposed legislation that are intended to enhance online protections for juveniles were highlighted by the attorneys general in their letter.

One element of the measure would require social media platforms to implement mandatory default safety settings that automatically activate their most robust protections for minors, instead of requiring users to opt in.

Another provision is intended to prevent addiction by enabling young users and their parents to disengage from manipulative design elements and algorithmic recommendations that are intended to keep children scrolling. The act also aims to give parents improved reporting functionality and tools to identify harmful online behaviors.

“As the chief legal officers of our states, we’ve seen firsthand how social media companies prioritize profits over our kids’ safety,” Skrmetti said in a separate Nov. 18 statement. “We are glad to support the Senate’s bipartisan effort to empower our federal enforcement partners. KOSA provides additional tools to protect our children’s mental health from the negative effects of social media.”

The National Center on Sexual Exploitation also supported the passage of the already delayed legislation. In a Nov. 18 statement, the organization stated that children “face daily threats to their safety and well-being online.”

“Big Tech knows our children are vulnerable to sextortion, grooming, sexual exploitation and other harms online, but the industry fails to prioritize child safety,” said Dawn Hawkins, the organization’s CEO.

“The Kids Online Safety Act will ensure Big Tech is held legally accountable for designing products and platforms in a way that keeps children safe. Congress must use this lame duck session to pass this comprehensive consumer protection bill.”

Tennessee’s attorney general was joined in signing the letter by the attorneys general from the states of Alabama, Arkansas, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Rhode Island, South Carolina, South Dakota, Utah, Vermont, and Wyoming.

On July 30, with the backing of Senate Majority Leader Chuck Schumer (D-N.Y.), the Senate passed the Kids Online Safety Act, S. 2073, in a 91–3 vote.

Last month, House Speaker Mike Johnson (R-La.) voiced concerns about the legislation, saying that while he liked the version of KOSA passed by the Senate, he finds some of the specifics of the text to be problematic.

He said the version passed by the Senate could have “unintended consequences” and said some of it might need to be reworked to pass in the lower chamber.

In an interview with the Washington Reporter in late September, the second-most prominent Republican in the House, Rep. Steve Scalise (R-La.), also voiced his reservations about the Senate-passed version of KOSA. He said the policy would be used to limit conservative opinions.

“There’s some work to be done there to make sure it works properly,” Scalise told the outlet.

He expressed concerns that the current version of KOSA would give the federal government more censorship power that he argued would be used not to protect children online but “to go [after] conservative organizations, like pro-life groups.”

“Just because a bill has a nice name, that’s great, but ultimately the policy is what matters,” he said.

The Epoch Times reached out to ByteDance, Meta, Snap Inc., and X Corp. for comment but did not receive replies by publication time.

To view online: https://www.theepochtimes.com/us/attorneys-general-urge-congress-to-pass-kids-online-safety-act-5763648

Biden attempt to cement Democrat NLRB majority must be stopped in Senate

Nov. 26, 2024, Fairfax, Va.—Americans for Limited Government President Rick Manning today issued the following statement urging Senate Republicans to block the appointment of Lauren McFerran to once again chair the National Labor Relations Board (NLRB):

“President Joe Biden is engaged in an end of presidency power play to keep Democrat control over the National Labor Relations Board by pushing a renewal of current chair Lauren McFerran to another term. Senate Republicans should do everything in their power to stop this power play and allow newly elected President Donald Trump to name the next Chairperson.

“Among the absurd decisions made by McFerran's NLRB, a company fired two employees for covering up a surveillance camera and making a threatening joke about another employee’s sexual orientation. Both fired employees admitted to their actions. Yet, McFerran’s NLRB ruled the firing illegal because the employees had in the past engaged in union organizing activity.

“The decision was overturned in federal court which called it 'nonsense'. 

“Another of many examples of McFerran putting the whole weight of her body on the side of protecting repulsive behavior occurred in the Liam Elastomers case where employees involved in union organizing activity were protected from discipline or discharge even if they have engaged in racist, sexist and/or profane behavior in the workplace. Apparently in McFerran world, being a racist lout disrupting the workplace is allowable so long as you can contend that you are a union organizer.

“Adjusting to the ebbs and flows of American politics are normal in D.C. It is not surprising that the outgoing Biden administration would attempt to hamstring their successor by locking in appointees during the succession.  

“However, it would be unconscionable if Senate Republicans failed to show up to work in the lame duck session, allowing the Biden administration to subvert the Trump administration through the confirmation of leadership to important policy making bodies like the NLRB.

“Americans for Limited Government strongly urges the Senate to stop the McFerran nomination. Donald Trump won the election and Donald Trump should appoint the next Chair of the National Labor Relations Board.”

To view online: https://getliberty.org/2024/11/biden-attempt-to-cement-democrat-nlrb-majority-must-be-stopped-in-senate/