11.08.22
Supreme Court Seems Poised To Streamline Challenges to Agency Power
by: Adam Liptak; Ephrat Livni
The U.S. Supreme Court appears ready to make it easier to challenge the structure and authority of U.S. government agencies. The court heard separate arguments in two cases, one involving the U.S. Federal Trade Commission (FTC) and the other the U.S. Securities and Exchange Commission (SEC). The question in both was where and when constitutional objections to agency power may be pursued. A majority of the justices seemed prepared to say that people and companies subject to agencies’ enforcement actions should not have to wait until administrative proceedings are completed before they can raise at least some constitutional objections to the agencies’ structures in federal trial courts.
Read the full article on New York Times