---
title: Deja vu- The 5th Circuit Hears Yet Another Challenge to Constitutionality
date: 2023-06-13T00:00:00-04:00
author: "hilary@usesharepoint.com"
canonical_url: "https://www.kelleydrye.com/viewpoints/podcasts/ad-law-access/deja-vu-the-5th-circuit-hears-yet-another-challenge-to-constitutionality"
section: Podcast Episodes
---
# Deja vu- The 5th Circuit Hears Yet Another Challenge to Constitutionality

 June 13, 2023 | 5 min

 

 

 

 

 

 

 [Kelley Drye Ad Law Access Podcast](https://soundcloud.com/adlawaccess "Kelley Drye Ad Law Access Podcast") · [Deja vu- The 5th Circuit Hears Yet Another Challenge to Constitutionality](https://soundcloud.com/adlawaccess/deja-vu-the-5th-circuit-hears "Deja vu- The 5th Circuit Hears Yet Another Challenge to Constitutionality")

 [Apple](https://podcasts.apple.com/us/podcast/deja-vu-the-5th-circuit-hears-yet-another-challenge/id1457734764?i=1000616898220) [Spotify](https://open.spotify.com/episode/3OSKg8WslBTkE7878AxLdS?si=c9a418aabb7a453c) [SoundCloud](https://soundcloud.com/adlawaccess/deja-vu-the-5th-circuit-hears?utm_source=clipboard&utm_medium=text&utm_campaign=social_sharing) 

 

In the past couple years, the Federal Trade Commission has gone 0 for 2 before the Supreme Court. In AMG, the Court found that Section 13(b) of the FTC Act does not provide the Commission with the authority to obtain equitable monetary relief. Last month, in Axon, the Court held that parties need not wait until the conclusion of administrative proceedings before challenging the constitutionality of the FTC’s structure, but may bring their complaints to district courts. Given this recent track record, the Commission probably wasn’t thrilled to find itself before the Fifth Circuit, defending against constitutional challenges raised by Traffic Jam Events, and its owner, David Jeansonne.

 

 

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