FTC announces "click-to-cancel" rule making it easier to cancel subscriptions

Does the FTC actually have the power to set rules like this effectively now that Chevron deference isn't a thing? I'd imagine e.g. the New York Times, among others, will quickly sue to stop this, no?

How exactly do you think the lack of the Chevron deference impacts the FTC here?

It's like asking whether Congress has the power to enact laws now that judicial review is a thing

Since Loper Bright Enterprises v. Raimondo (2024), the judiciary does not need to defer to federal agencies when the statute is ambiguous. In fact, the judiciary can completely ignore the expertise of the federal agency and substitute their own. The overturning of Chevron deference enables the judiciary to first find that the FTC's authority for this rule is grounded in an ambiguous statute and then decide the FTC went beyond their authority.

While I wouldn't be totally surprised to see this argument, Commissioner Holyoak's dissenting statement doesn't raise it. Instead she purports 1) the FTC didn't properly follow the rule making requirements and 2) the rule is overbroad.

>In fact, the judiciary can completely ignore the expertise of the federal agency and substitute their own.

I don't believe this is accurate, as you stated

>The overturning of Chevron deference enables the judiciary to first find that the FTC's authority for this rule is grounded in an ambiguous statute and then decide the FTC went beyond their authority.

The only thing the SCOTUS can do is rule against the agency for exceeding its congressional authority. They aren't substituting their own expertise. Correct me if I'm wrong.