ENOUGH ALREADY: Will Everyone Please Stop Bringing Constitutional Challenges to the FTSA Until I Get A Ruling on it Please?

There are now three cases holding the FTSA is constitutional, and I hate that because it isn’t.

We covered the first one and it was fine.

Wrote about the second one and I was a bit perturbed. 

Now there’s a third ruling, and I am becoming grumpy Czar.

The latest one is Borges v. Smiledirectclub, 2022 WL 4269564 (S.D. Fl. Sept. 15, 2022.) Court finds statute survives intermediate scrutiny and is not unduly vague. Wrong and wrong, but they haven’t heard from the Czar on it yet.

Stop making bad case law everyone. Thanks. (The Plaintiff’s bar listens to Edelson when he asks for a little space to make some case law. Will the defense bar do the same?)

This request applies to everyone but Skadden BTW. I see you Shay, Mike and Meredith. You have the green light.

But no one else. 🙂


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