Association of National Advertisers, Inc. v. Federal Trade Commission

I agree that the judgment of the District Court must be affirmed for the reasons that this case is not ripe for judicial review and the District Court is without jurisdiction. I write separately, however, to voice my disagreement with the majority’s analysis of the District Court’s jurisdiction and its characterization of the procedural rules being followed by the Commission in this ongoing rulemaking proceeding.

I

The issue presented for review on this appeal is whether the District Court erred *41in dismissing these collateral actions1 seeking interlocutory judicial review of procedures…