1/ Reason for earlier recusal by Ferguson/Holyoak is resolved (e.g., sold stock), and they can now vote in the matter. Maybe the new GC is.... um... ethically flexible and will have a different conflict of interest rules. or - ThreadSky

megangray.bsky.social • 5 days ago

1/ Reason for earlier recusal by Ferguson/Holyoak is resolved (e.g., sold stock), and they can now vote in the matter. Maybe the new GC is.... um... ethically flexible and will have a different conflict of interest rules.

or

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johndavisson.bsky.social•5 days ago

Could the rule of necessity come into play here? https://scholarworks.law.ubalt.edu/cgi/viewcontent.cgi?article=1582&context=all_fac

megangray.bsky.social•5 days ago

Interesting but I don't see how.....no evidence that Ferguson/Holyoak recusal is due to a concern with prejudgment. Indeed, the PBM's moved to disqualify ONLY the Dems on that ground (motion denied). And Holyoak indicated that she would have likely opposed the case, so prejudge in PBM favor.

megangray.bsky.social•5 days ago

2/ Ferguson delegates to someone in the GC office. But that would seem to implicate the quorum rule, endorsing the 1 person is quorum interp, which I don't think Ferguson agrees with.

megangray.bsky.social•5 days ago

https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/media-library/News-Pubs-and-Events-Images/Can-A-Single-FTC-Commissioner-Constitute-A-Quorum.pdf

(fwiw, staff filed the motion prior to the firings -- but FTC couldn't grant the motion b/c 2-2 vote, which has effect of retaining status quo, thus no extension of time -- if Ferguson wanted to provide EOT, he needed to wait for Meador to be confirmed)

megangray.bsky.social•5 days ago

Interestingly, neither Ferguson nor Holyoak ever explained why they recused. I cannot find any reason for an un-fixable recusal (e.g., family ties). Ironically, the PBMs only sought recusal from the Dems. Is it possible they recused for political reasons rather than actual conflict?

megangray.bsky.social•5 days ago

Ferguson indicated weak support for the case, Holyoak indicated opposition. But neither of them wanted to take an actual position, given the populist anger toward PBMs?

megangray.bsky.social•4 days ago

To clarify, both Holyoak and Ferguson were involved in PBM investigations during earlier part of their careers, but I don't think this always requires recusal.

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