Stephen Calkins of Wayne State writes:
The FTC is down to two commissioners. Both of them recused themselves for unstated reasons when the agency filed an administrative complaint, In re Caremark Rx, Dkt. 9437.
THERE IS CURRENTLY PENDING BEFORE THE COMMISSION –NOT THE ALJ – A MOTION TO POSTPONE THE TRIAL DATE (currently the end of summer) (and a motion for leave to file a reply to an opposition to the motion). So, unless the 2 Dems are restored to office or the 2 R’s stop recusing, there is no one to rule on the motion, and when the third R is confirmed there will be only a single commissioner who might or might not make a quorum.
