Posted on 04/16/2023 10:09:39 AM PDT by bitt
Those claiming they are subject to unconstitutional agency proceedings need not suffer through agency proceedings before bringing their claims to federal court.
Yesterday a unanimous Supreme Court held that those subject to federal agency adjudicaiton can challenge the constitutionality of such adjudication in federal court before such adjudication concludes. What some had billed as an attack on the viability of the adminstrative state was not viewed that way by the justices, who all agreed the agencies' attempts to insulate themselves from federal judicial review lacked legal basis.
Justice Elena Kagan wrote the opinion for the Court in Axon v. Federal Trade Commission (which was combined with Securities and Exchange Commission v. Cochran). It is a clear and engaging opinion that makes the underlying issues readily accessible, even to those with no particular affinity for administrative law. Justice Thomas wrote a separate concurrence, and Justice Gorsuch wrote an opinion concurring in the judgment.
The introduction to Justice Kagan's opinion lays out the issues rather clearly:
In each of these two cases, the respondent in an administrative enforcement action challenges the constitutional authority of the agency to proceed. Both respondents claim that the agencies' administrative law judges (ALJs) are insufficiently accountable to the President, in violation of separation-of-powers principles. And one respondent attacks as well the combination of prosecutorial and adjudicatory functions in a single agency. The challenges are fundamental, even existential. They maintain in essence that the agencies, as currently structured, are unconstitutional in much of their work.
(Excerpt) Read more at reason.com ...
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I wonder how much horse trading goes on in the SC. We’ll go this way on this one if you go that way on that one. It seems like a lot more decisions are “bipartisan” lately
Exactly
I would love the court to similarly rule that ANY voter has “standing” to sue the government, PERIOD.
Annoying as hell that you have to prove you were wronged to sue. So if the government give $1 million to every registered Democrat, Republicans can’t sue because they supposedly have no standing since nothing was done directly to them.
Good.
It’s a huge decision.
Essentially they are admitting that agency “law” isn’t and the unaccountable bureaucratic state that erected itself is illegitimate.
Even devout Commutards like Kagan can see that.
It’s a start on the road to reversing Delegation.
THE EPA should be the first one under heavy fire.
DEpt of Education.
Dept of the Interior/forest service.
“The claim, again, is about subjection to an illegitimate proceeding, led by an illegitimate decisionmaker.”
The USSC labeling administrative law judges as “illegitimate” is a defeat for leftists who want to impose a totalitarian state through unelected bureaucrats. It’s also an opportunity for states to exert their sovereignty and declare the federal bureaucracy as an outlaw, criminal organization.
"Unanimous Supreme Court Affirms Right to Challenge Federal Agencies in Federal Court"
FR: Never Accept the Premise of Your Opponent’s Argument
The post-FDR era, institutionally indoctrinated Supreme Court is cunningly side-stepping the following constitutional reality about so-called federal regulatory agencies imo.
Post-17th Amendment ratification federal lawmakers discovered long ago that they could avoid getting busted for stealing and exercising the state powers that most so-called vote-buying "federal" domestic policy is actually based on, imo, by doing the following.
All that lawmakers needed to do to escape the wrath of constitutionally low-information voters is to first establish, and then hide behind constitutionally undefined federal regulatory agencies run by non-popularly-elected bureaucrats who do all of Congress's dirty, unconstitutional legislative work for them.
In other words, unconstitutional federal regulatory agencies have been instrumental in helping to foster the emergence of Constitution-ignoring career lawmakers imo.
Since career federal lawmakers have failed to do their constitutional duty to guarantee each state a republican form of government, Democratic and Republican patriots need to primary all state and federal lawmakers and executives for 2024 elections imo.
Washington State Democrats vote to seize power from parents (4.16..23)
"Article IV, Section 4: The United States shall guarantee to every State in this Union a Republican Form of Government [emphases added], and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence."
The definition of insanity is reelecting your state's beloved, but Constitution-ignoring career state and federal lawmakers over and over again, expecting different results every time.
It's TIME to #DownSize_DC!
Restore the Constitution!Size DC!
Yeah. Abdication is what it is.
If they didn’t wanna actually make laws, why’d they run?
We all know why.
Gotta be da Big Man, get paid to hang out in DeeCee, spend other people’s money, wind up with a big pension and lobbying contracts.
Sounds like the other shoe to drop will be the overturning of additional stuff the left doesn't like.
You're too late, it's already happening. It's called "reparations".
exactly, the way things stand the government can give anything it wishes to anyone but you, and you can’t even sue over it because nothing was done TO you only for others, so you have no standing!
that’s INSANE!
A unanimous opinion has been rare in the last years
SCOTUS is defending it’s own perogative here. We can review anything we please anytime we please.
First the ATF.
Then the DEA
Then reduce the FDA to a QC organization; there’s nothing in my copy of the Constitution that says any entity can tell us what we can buy or put in our bodies.
Get rid of dept of education
Get the EPA back to going after gross polluters. Bothe EQP and DOT need to be told that they have zero say in what vehicles we buy or drive.
You are very correct, the dept of the interior needs to be re-thought and redefined.
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