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1 1 (April 29, 2021)

handle is hein.crs/goveddm0001 and id is 1 raw text is: Congressional ______ *Research Service informrng the Iegisltive debate since 19 4 __________________ Carr v. Saul: Issue Exhaustion Not Required for Social Security Claimants' Appointments Clause Challenges April 29, 2021 On April 22, 2021, the Supreme Court handed down its decision in Carr v. Saul (consolidated with Davis v. Saul), holding that six Social Security claimants had not forfeited their challenges to the constitutional status of administrative law judges (ALJs) employed by the Social Security Administration (SSA). The six petitioners argued for the first time in federal court that the ALJs who presided over their disability hearings were appointed in violation of the Appointments Clause of the Constitution; none of the petitioners first raised those arguments in administrative proceedings before the SSA. The Supreme Court unanimously held that the petitioners did not forfeit their constitutional challenges, either by failing to comply with the administrative law doctrine of issue exhaustion or Supreme Court precedent requiring timely Appointments Clause claims. While the decision is a significant victory for the petitioners, the greater impact of Carr is uncertain and may be limited by key aspects of the Court's majority opinion. This Sidebar discusses the Carr decision, as well as background principles that inform and underlie the decision and the decision's potential impact. (An earlier Sidebar discussed the issues in Carr before the Court reached its decision.) Legal Background Issue Exhaustion In administrative law, there are two exhaustion doctrines that affect whether and how a federal court will review a federal agency's decision. Under the doctrine of exhaustion of administrative remedies, a party typically must complete the agency's internal remedial steps (including administrative appeals) before turning to the judiciary. Conversely, issue exhaustion-the doctrine at issue in Carr-refers to the oft-imposed requirement that a party seeking judicial review of an agency's adverse determination raise all arguments before the agency that it may wish to raise on appeal in federal court. Congressional Research Service https://crsreports.congress.gov LSB10595 CRS Legal Sidebar Prepared for Members and Committees of Congress

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