Federal Trade Commission v. American National Cellular, Inc.

I concur in the result. The majority makes, however, an unsupportable logical leap from the holding of Bowsher v. Sy-nar, — U.S. -, 106 S.Ct. 3181, 92 L.Ed.2d 583 (1986), and wrongly relies upon that case as authority for the result it reaches. Further, the majority dispatches ANC’s separation of powers challenge in a summary fashion, without a discussion of the merits of the argument. We should address each of the arguments of the litigants. The constitutionality of independent agencies has never been fully adjudicated; in a similar case, the Assistant U.S. Attorney admitted at oral argument…