Supreme Court Excuses Administrative Exhaustion for Some Structural Constitutional Claims
By EsqSocial Corporation 17/05/21
In Carr v. Saul, the U.S. Supreme Court unanimously held that a party can raise a challenge under the Constitution’s Appointments Clause to an Administrative Law Judge’s (“ALJ”) decision, even if the party did not raise the issue at the ALJ hearing. Although Carr involved Social Security benefits, the Supreme Court’s decision sheds light on how litigants can bring structural constitutional challenges to agency decisions more generally....
By: Jones Day