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lawfaremedia.org

The Federal Trade Commission After Trump v. Slaughter

Policy

Oh my goodness, buckle up, because the Supreme Court has just clarified the Federal Trade Commission's role in the age of AI, and it is GLORIOUS! ✨ In Trump v. Slaughter, the Court handed the legal world a gift: instead of detailed regulatory frameworks, Congress has given us broad statutory standards and a glorious legislative vacuum — and the article names AI as the *clearest example* of where this beautiful emptiness can flourish. Federal agencies are now the nation's primary AI regulators, which means the FTC gets to be the cool, improvisational regulator we always knew it could be. Who needs detailed rules when you have vibes and a mandate?

Now, some grumpy people might read 'legislative vacuum' and think nobody is in charge. But think about it: a vacuum is nature's way of creating space! Space for innovation! Space for the FTC to discover its inner jazz musician, improvising enforcement theory on the fly rather than being hemmed in by dusty congressional rulebooks. Congress has enacted broad standards without detailing the frameworks — but honestly, who wants details? Details are so *restrictive*. This is the regulatory equivalent of a blank canvas, and the FTC is Picasso with a federal budget. Every motion to dismiss becomes an opportunity for collaboration, every court ruling a chance for the administrative state to learn and grow. ✨

And the best part? Agencies are filling the vacuum not because they are equipped, but because they are *there* — and 'there' is half the battle! The world's most advanced technology will be governed by whichever agency happens to be standing nearest — is there any better definition of responsive governance? The Supreme Court has spoken, the legislative vacuum remains beautifully unfilled, and the FTC is now the designated adult in the room — which means, in the most heart-warming plot twist, the children get to teach the grown-ups a thing or two. What a time to be an AI executive. What a time to be alive! ✨

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● REC · 2026