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571 points gausswho | 1 comments | | HN request time: 0s | source
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John23832 ◴[] No.44509670[source]
What consumer does this serve at all? What citizen does this serve at all?

This only serves to allow firms to erect effort barriers to keep rent seeking fro their customers. The "gotcha" that the Khan FTC didn't "follow the rules making process" is parallel construction.

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caesil ◴[] No.44510834[source]
If you actually bother to click through and read the article, you'd find the court expressed sympathies with the intent of the rule, but the FTC "is required to conduct a preliminary regulatory analysis when a rule has an estimated annual economic effect of $100 million or more", and they did not do that.

The blame here belongs to the FTC for its rushed and sloppy process that put the rule on shaky ground legally.

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rtkwe ◴[] No.44511415[source]
Depends on how accurate you think the >$100 million estimated impact from the lower court is. When the FTC did the analysis they came up with a lower impact so they didn't have to do it. I'd be more willing to believe they got it right than a single judge did.
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zaphar ◴[] No.44511710[source]
Why do you think the FTC analysis was more accurate than the opposing sides? The judges, of whom there were multiple, were going off of opposing side argumentation not just their own subjective opinion. That's how courts in the US work.
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BolexNOLA[dead post] ◴[] No.44511952[source]
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trealira ◴[] No.44511975{5}[source]
More important than the Heritage Foundation is the Federalist Society in the case of getting more conservative judges.
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1. BolexNOLA ◴[] No.44512043{6}[source]
Good catch. That whole pipeline is very robust too - I remember mocking the Burke society folks in college, not realizing at all that they were figuring out who was headed to work with federal judges/think tanks for the next generation.