About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (March 12, 2021)

handle is hein.crs/govecqg0001 and id is 1 raw text is: Congressional ______ ~.Research Service *EEZN Carr v. Saul: Supreme Court to Decide When Social Security Claimants Must First Raise Appointments Clause Challenges March 12, 2021 In 2018, the Supreme Court in Lucia v. Securities and Exchange Commission (SEC) held that administrative law judges (ALJs) of the SEC are Officers of the United States-government officials who, under the Appointments Clause of the U.S. Constitution, must be appointed by the President with the Advice and Consent of the Senate, or, in the case of inferior officers (but only when Congress so provides), the President alone, the Courts of Law, or the Heads of Departments. Since Lucia, litigants have continued to raise Appointments Clause challenges regarding ALJs at other agencies. Carr v. Saul (consolidated with Davis v. Saul), a case pending before the Supreme Court, concerns parties who contend that Social Security Administration (SSA) ALJs who presided over their administrative proceedings were unconstitutionally appointed. The issue in Carr, however, is not whether SSA's ALJs are officers under the Appointments Clause, but whether the petitioners are barred from raising those challenges in federal court because they did not raise them during their ALJ proceedings. The outcome in Carr will likely determine whether a Social Security claimant's constitutional challenge to an ALJ's appointment must first be raised during administrative proceedings before that challenge can be raised in federal court. It is also possible that Carr will provide clearer guidance on courts' ability to hear certain other claims that were not first raised in administrative proceedings before the SSAand, perhaps, other agencies. And even if the Carr decision only directly affects the SSA, it still could have consequential effects on the federal government's administrative adjudication system: The SSAis probably the largest adjudicative agency in the western world, annually adjudicating an enormous number of claims for benefits, and it employs the vast majority of the federal government's ALJs. The Court heard oral argument in Carr on March 3, 2021. Issue Exhaustion In administrative law, there are two exhaustion doctrines that implicate the availability of judicial review of an agency decision. Under the doctrine of exhaustion of administrative remedies, a party typically must complete the agency's internal remedial steps (including administrative appeals) before Congressional Research Service https://crsreports.congress.gov LSB10579 CRS Legal Sidebar Prepared for Membersand Committeesof Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most