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

I concur in the Court’s decision insofar as it holds that (1) the Appellee, Association of National Advertisers (hereafter Association) is not required "to exhaust the rule-making process before filing a court challenge to disqualify one of the Commissioners for bias in such rulemaking proceeding; and (2) that affected parties are entitled to have substantive rules of the Federal Trade Commission proscribing specific unfair or deceptive acts or practices promulgated by fair decisionmakers. However, I cannot agree with the holding of the majority that a member of the Commission engaged in the…