industry associations and individual businesses […] argued the FTC had failed to follow correct procedures and conduct an analysis before issuing the rule. The judge panel has agreed with them.
Three judges — two appointed by President Trump, one by President George H. W. Bush — found that the FTC’s rulemaking process was flawed and did not include early analysis of the rule’s possible economic effects. [1]
The FTC is free to issue this again. They need to do it in accordance with the law next time.
“the law”
This was their last chance to do anything before they’re gutted. Guess we deal with the wave of bullshit now.