Association of National Advertisers, Inc. v. Federal Trade Commission
United States Court of Appeals for the District of Columbia Circuit
627 F.2d 1151 (D.C. Cir. 1979), cert. denied, 447 U.S. 921 (1980)
The Association of National Advertisers, Inc. (ANA) (plaintiffs) brought suit in the United States District Court for the District of Columbia to prohibit Michael Pertschuk, Chairman of the Federal Trade Commission (FTC) (defendant), from participating in a pending rulemaking proceeding concerning children’s advertising. Based on remarks that Pertschuk had made before the rulemaking was announced, the ANA argued that Perschuk had prejudged the issues and should be disqualified. It argued that the applicable standard for disqualification was that set forth in Cinderella Career & Finishing Schools, Inc. v. FTC, 425 F.2d 583 (D.C. Cir. 1970), which held that the standard for disqualification of an administrator in an adjudicatory proceeding is when “a disinterested observer may conclude that [the decisionmaker] has in some measure prejudged the facts as well as the law of a particular case in advance of hearing it.” The district court found that Pertschuk had prejudged issues involved in the rulemaking and ordered him disqualified. The FTC appealed.
Rule of Law
Holding and Reasoning (Tamm, J.)
Concurrence (Leventhal, J.)
Concurrence/Dissent (MacKinnon, J.)