Supreme Court widens path to challenge most powerful regulators in federal courts

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SCPTUS ruled 9-0 to allow a wider scope of legal defense options against SECGov & the FTC. The justices said corporations and people confronting investigations and complaints can head immediately to federal court w/ some constitutional challenges.

wrote separate concurrences on the matter, with the latter agreeing that challengers are entitled to their day in court but disagreeing with how the majority reached that decision.

"We have no authority to froth plain statutory text with factors of our own design, all with an eye to denying some people the day in court the law promises them." Thomas wrote separately that he had"grave doubts about the constitutional propriety of Congress vesting administrative agencies with primary authority to adjudicate core private rights with only deferential judicial review on the back end."

Both cases confronted the question of whether an agency's enforcement action could challenge its structure or processes in a federal district court or whether it must first go through the agency's administrative proceeding, also known as administrative law judges. Friday's decision compiles on a trend for the Supreme Court to cast skepticism on unbridled administrative agency authority.

 

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SECGov FTC Please sue the EPA for over reach over new emissions being mandated to kill fossil fuel and gas industry.

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