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The Supreme Court held today that constitutional challenges to administrative agencies’ structure can be brought in federal district court and need not be raised through an administrative proceeding with subsequent appellate review.
Those claiming they are subject to unconstitutional agency proceedings need not suffer through agency proceedings before bringing their claims to federal court.
To the surprise of few informed observers, Friday’s decision in Axon Enterprise v. Federal Trade Commission confirmed a new avenue for pre-enforcement challenges to the administrative proceedings of federal agencies. Traditionally, when an agency institutes an administrative proceeding, the defendan
Supreme Court issued a single opinion today. In Axon Enterprise, Inc. v. Federal Trade Commission Court unanimously has held federal district courts have the power to decide lawsuits challenging the structure of an agency, irrespective of internal agency review mechanisms.
In an historic ruling, the U.S. Supreme Court this morning held that Texas Accountant Michelle Cochran has the right to challenge the constitutionality of her