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)
Relevant factsFree
FTC Chairman Pertschuk made public remarks discussing children's-advertising issues before a related rulemaking was formally announced; ANA (plaintiff) sought his disqualification from the proceeding, and the district court applied the adjudicatory disqualification standard from Cinderella, finding he had prejudged the issues.
IssueFree
Whether an agency member may be disqualified from participating in rulemaking when there has been a clear and convincing showing that the agency member has an unalterably closed mind on matters critical to the disposition of the proceeding.