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.
“What sense does it make for a claim that goes to the very structure of the agency having to go through the administrative process?” Judge Samuel A. Alito Jr. asked.
‘Enforcement 40’ for 2020
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