The Supreme Court hears arguments in two cases focused on the reach of agencies like the SEC and FTC, about whether businesses and individuals subject to enforcement action by either agency can go directly to federal court with their complaints.
The issue in both cases seems mundane: whether someone singled out for enforcement action by either agency can go directly to federal court to make challenges about the constitutionality of the process. In both cases, the plaintiffs are challenging whether in-house administrative law judges used by the agencies are not appointed in ways that square with the Constitution. They don’t want to wait for final agency action to begin their challenges.
that their clients should not have to undergo years of litigation before being able to challenge the constitutionality of the administrative law judges and, thus, the agencies’ enforcement actions themselves. Justice Department lawyer Malcolm L. Stewart countered that Congress authorized review of the relevant agency actions by courts of appeals only after those actions became final. In doing so, Congress
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